EX-10.2 3 applied_8kex1002.htm NOTICE OF FINAL AGREEMENT

Exhibit 10.2

 

NOTICE OF FINAL AGREEMENT

 

 

 

Borrower: Applied Optoelectronics, Inc. Lender: East West Bank
  13139 Jess Pirtle Blvd.   Loan Servicing Department
  Sugar Land, TX 77478   9300 Flair Drive, 6th Floor
      El Monte, CA 91731

 

 

 

THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

 

As used in this Notice, the following terms have the following meanings:

 

 

Loan. The term "Loan" means the following described loan: Loan No. [***].

Loan Agreement. The term "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan, together with any subsequent written modification documents for this Loan evidenced by all Notice of Final Agreements executed in regards to the Loan, and including without limitation the following:

 

LOAN DOCUMENTS

 

- Change in Terms Agreement

- Second Modification to the Construction Loan Agreement

- AKA Name Statement

- Notice of Final Agreement

 

Parties. The term "Parties" means East West Bank and any and all entities or individuals who are obligated to repay the loan or have pledged property as security for the Loan, including without limitation the undersigned.

 

This Notice of Final Agreement is given by East West Bank pursuant to Section 26.02 of the Texas Business and Commerce Code. Each Party who signs below, other than East West Bank, acknowledges, represents, and warrants to East West Bank that it has received, read and understood this Notice of Final Agreement. This Notice is dated October 5, 2016.

 

BORROWER:

 

APPLIED OPTOELECTRONICS, INC.

 

 

By: /s/ Stefan John Murry

Stefan John Murry, Vice President of Applied
Optoelectronics, Inc.

 

 

 

GRANTOR:

 

APPLIED OPTOELECTRONICS, INC.

 

 

By: /s/ Stefan John Murry

Stefan John Murry, Vice President of Applied
Optoelectronics, Inc.

 

 

 

LENDER:

 

 

EAST WEST BANK

 

/s/ Steve LaFredo                               

Authorized Signer