Skip to main content
Find a Lawyer

Promissory Note - Sagent Technology, Paul Wray and Lila Wray

                                PROMISSORY NOTE

Principal amount: US$138,000                       Date: October 4, 2000

On or before March 27, 2001, for value received, the undersigned ("Maker")
promise(s) to pay to Sagent Technology, Inc. ("Payee"), or order, at such place
as the holder of this Note ("Holder") may from time to time designate in
writing, the principal sum of $138,000 with simple interest on the unpaid
principal balance of this Note, from the date of this Note until this Note is
paid in full, at the rate of 5% percent per year. All payments shall be made in
lawful money of the United States, without offset, deduction, or counterclaim of
any kind. This note may be prepaid, without penalty.

After maturity, the unpaid principle balance of this Note (together with any
other amounts due and payable under this Note) shall bear interest at the lower
of eighteen percent or the highest amount permitted by law. As used in this
Note, "Maturity" means (1) the date on which this Note is due and payable in
full or extended or (2) an Event of Default, followed by acceleration of the
balance due under this Note. Maker may prepay this Note without penalty. All
sums remaining unpaid under this Note shall become immediately due and payable,
at Holder's option, without notice, demand, or presentment, and regardless of
any prior forbearance, on the occurrence of any of the following events ("Event
of Default"):

        (a) Maker's failure to make any payment when due, including without
limitation the final payment due under this Note at its maturity;
        (b) the filing of a petition in bankruptcy by, or the initiation of any
proceeding under any bankruptcy or insolvency laws against, the Maker; and
        (c) The making of a general assignment for the benefit of creditors by
        (d) an event of Default under the Pledge Agreement.

        In the Event of Default, Holder may exercise all right and remedies
under the Laws of the State of California. No delay or omission by Holder in
exercising any right or remedy under this Note shall operate as a waiver of the
future exercise of that right or remedy or of any other rights or remedies under
this Note. All rights of Holder stated in this Note are cumulative and in
addition to all other rights provided by law, in equity, or in any agreement
executed in connection with this Note. This note is made with full recourse. In
the event the sale of any security or stock does not satisfy the obligations
under this note, Maker shall be liable for any and all deficiency.

        Maker and Holder intend to comply with all applicable usury laws. In
fulfilling this intention, all agreements between Maker and Holder are expressly
limited so that the amount of interest paid or agreed to be paid to Holder for
the use, forbearance, or detention of money under this Note shall not exceed the
maximum amount permissible under applicable law. If for any reason payment of
any amount required under this Note shall be prohibited by law, the obligation
shall be reduced to the maximum allowed by law. If for any reason Holder
receives as interest an amount that would exceed the highest


lawful rate, the amount that would be excessive interest shall be applied to the
reduction of the principal of this Note and not to the payment of interest. If
any conflict arises between this provision and any provision of any other
agreement between Maker and Holder, this provision shall control. Diligence,
demand, presentment, notice of dishonor, and protest are waived by all makers,
sureties, guarantors, and indorser of this Note. Any action to enforce this Note
shall be brought in Santa Clara County California. Maker agrees to pay Holder it
attorney's fees for enforcing this Note.

        /s/ Paul Wray
        Paul Wray

        /s/ Lila  Wray
        Lila  Wray

Was this helpful?

Copied to clipboard