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EXHIBIT 10.20
HARDWARE
SECURED PROMISSORY NOTE
$1,032,001.98 DATE: SEPTEMBER 3, 1999
DUE: SEPTEMBER 1, 2003
FOR VALUE RECEIVED, Neoforma, Inc. a Delaware corporation (the "Borrower")
hereby promises to pay to the order of Comdisco, Inc., a Delaware corporation
(the "Lender") at P.O. Box 91744, Chicago, IL 60693 or such other place of
payment as the holder of this Secured Promissory Note (this "Note") may specify
from time to time in writing, in lawful money of the United States of America,
the principal amount of One Million Thirty Two Thousand One and 98/100 Dollars
($1,032,001.98) together with interest at Nine percent (9%) per annum from the
date of this Note to maturity of each installment on the principal hereof
remaining from time to time unpaid, such principal and interest to be paid 48
equal monthly installments consisting of 1 payment of $22,676.7 (.75%) each,
commencing October 1, 1999, followed by 8 payments of $7,712.67 each, commencing
November 1, 1999 and on the same day of each month hereafter, followed by 39
payments of $30,382.14 (2.945%) each, commencing July 1, 2000 and on the same
day of each month thereafter to and including September 1, 2003 and an
additional installment in the amount of $165,120.32 (16%) ("Balloon Payment") to
be paid on September 1, 2003, such installments to be applied first to accrued
and unpaid interest and the balance to unpaid principal. Interest shall be
computed on the basis of a year consisting of twelve months of thirty days each.
This Note is the Note referred to in, and is executed and delivered in
connection with, that certain Loan and Security Agreement dated July 7, 1999 by
and between Borrower and Lender (as the same may from time to time be amended,
modified or supplemented in accordance with its terms, the "Loan Agreement"),
and is entitled to the benefit and security of the Loan Agreement and the other
Loan Documents (as defined in the Loan Agreement), to which reference is made
for a statement of all of the terms and conditions thereof. All terms defined in
the Loan Agreement shall have the same definitions when used herein, unless
otherwise defined herein.
The Borrower waives presentment and demand for payment, notice of dishonor,
protest and notice of protest and any other notice as permitted under the UCC or
any applicable law.
This Note has been negotiated and delivered to Lender and is payable in the
State of Illinois, and shall not become effective until accepted by Lender in
the State of Illinois.
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This Note shall be governed by and construed and enforced in accordance with,
the laws of the State of Illinois, excluding any conflicts of law rules or
principles that would cause the application of the laws of any other
jurisdiction.
BORROWER: NEOFORMA, INC.
▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇.
Santa Clara, CA 95054
Signature: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
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Print Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
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Title: VP and Founder
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