Note

Note. Has the meaning set forth in the introductory paragraph.

Note. Means this Secured Promissory Note.

Note. This Replacement Promissory Note I

Note. Shall mean that certain Consolidated, Amended and Restated Promissory Note, dated as of July 26, 2011, between Borrower and Lenders in the original principal amount of One Hundred Fifty-Nine Million and 00/100 Dollars ($159,000,000.00) (the "Original Note"), which Original Note was split pursuant to that certain Note Splitter and Modification Agreement, dated as of July 26, 2011, between Borrower and Lenders into the following Notes: that certain Promissory Note A-1, dated as of July 26, 2011,... in the principal amount of $91,340,425.53 and that certain Promissory Note A-2, dated as of July 26, 2011, in the principal amount of $67,659,574.47 (collectively, the "Original Replacement Notes"), and which Original Replacement Notes were replaced as of November 1, 2011 with the following notes: that certain Replacement Promissory Note A-1, dated as of July 26, 2011, in the principal amount of $53,000,000.00, that certain Replacement Promissory Note A-2, dated as of July 26, 2011, in the principal amount of $42,400,000.00, that certain Replacement Promissory Note A-3, dated as of July 26, 2011, in the principal amount of $31,800,000.00, and that certain Replacement Promissory Note A-4, dated as of July 26, 2011, in the principal amount of $31,800,000.00 (as each of the same may be amended, supplemented, restated, increased, extended and consolidated, substituted or replaced from time to time, collectively, the "Replacement Notes"). The Replacement Notes shall as of November 2, 2011 replace and supersede in their entirety the Original Replacement Notes. In addition, the term Note shall include the Series Notes, as applicable. View More

Note. Or "Notes" means a 15% original issue discount unsecured subordinated convertible promissory note substantially in the form attached hereto as Exhibit A.

Note. Or "Notes" means, as the case may be, the promissory note(s) signed and delivered by the Borrower to evidence its Indebtedness to the Lender pursuant to Section 2 hereof .

Note. Each Convertible Promissory Note in the form attached hereto as Exhibit B.

Note. Shall have the meaning ascribed to such term in the recitals to this Agreement.

Note. That certain Mezzanine Promissory Note of even date herewith in the principal amount of Nine Million Two Hundred Thousand and no/100 Dollars ($9,200,000.00), made by Borrower payable to Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time

Note. This Convertible Promissory Note in accordance with all the terms and provisions set forth herein