B Notes Clause Samples

B Notes. Each of the Lenders shall have received a B Note, duly executed by the Company and completed in accordance herewith.

B Notes. The B Loans made by each B Lender to Corporate Obligee shall be evidenced by B Notes of Corporate Obligee, duly executed by Corporate Obligee thereof and payable to the order of such B Lender in an original principal amount equal to such B Lender’s B Loan specified in Schedule 3 hereto. The B Notes shall be dated as of the date hereof anddelivered to the Lenders in accordance with this Agreement. Each B Note shall be substantially in the form of Exhibit D-2, with blanks and Payment and Amortization Schedules appropriately completed in conformity herewith and shall have the aggregate Debt Amortization Payments with respect to such B Note noted thereon as of the Restructuring Date. 5.4. [Reserved.]

B Notes. In the case of a B Note, Lender shall have received all documentation specified herein as if the underlying mezzanine loan or mortgage loan were the direct Collateral and, in addition, all documentation evidencing or otherwise relating to the B Note.

B Notes. The Prime Rate Loans shall be evidenced by Prime Rate Notes payable to the order of each Lender, and the LIBOR Rate Loans shall be evidenced by LIBOR Rate Notes payable to the order of each Lender. Each Lender shall record on the schedule attached to its Prime Rate Note the date and amount of each Prime Rate Loan and the date and amount of each repayment and principal of such Prime Rate Loan, and each Lender shall record on the schedule attached to its LIBOR Rate Note the date and amount of each LIBOR Rate Loan, the rate of interest thereon, the Interest Payment Date thereof and the amount of each repayment of principal of such LIBOR Rate Loan. The failure of any Lender to so record shall not relieve the Company of its obligation to repay outstanding Loans and all interest thereon in accordance herewith. The unpaid principal balance of each Prime Rate Note shall be payable on the Termination Date (as it may be changed from time to time pursuant to the terms hereof) and shall bear interest until paid at a rate, and payable on the dates, specified in this Agreement for the Loans evidenced thereby. The unpaid principal balance of each LIBOR Rate Loan evidenced by a LIBOR Rate Note shall be payable on the Interest Payment Date for such Loan and shall bear interest until paid at a rate, and payable on the dates, specified in this Agreement for the LIBOR Rate Loans evidenced thereby.

B Notes. All Revolving Credit Loans by a Bank shall be evidenced by a B Note payable to such Bank. The date and amount of each such Loan, and the date and amount of each payment of principal of such Loan, shall be recorded on the schedule annexed to such B Note, but failure of a Bank to so record shall not relieve the Company of its obligation to repay outstanding Loans and all interest thereon in accordance herewith. The aggregate unpaid amount of all such Loans as set forth in such schedule shall be the principal amount owing on such B Note. The principal of such B Note shall be payable on the Termination Date, and each such Loan shall bear interest (computed on the basis of the actual number of days elapsed in a year of 365 or 366 days, as applicable) from the date of such Loan until maturity on the unpaid principal amount thereof at a rate per annum equal to the Alternate Base Rate in effect from time to time, payable quarterly on the last day of February, May, August and November in each year in respect of the next preceding calendar quarter or period; provided, however, that any principal or other amount not paid when due hereunder shall bear interest at the Alternate Base Rate plus 2%, payable on demand. In computing interest on the B Notes, the date of the making of any Loan evidenced thereby shall be included and, subject to Section 1.05, the date of payment shall be excluded.

B Notes. The Company shall not amend or modify in any material respect or waive any material provisions under the B Notes or the B Notes Indenture without the prior written approval of Holders of the Notes representing a majority of the Accreted Value of the outstanding Notes. The Company will not permit HIH to redeem the B Notes prior to their final maturity date unless the proceeds thereof are immediately applied by the Company to redeem all (but not less than all) of the Notes pursuant to Article III of this Indenture.

B Notes. Subject to and in accordance with the terms and conditions of this Agreement, the Issuer hereby agrees to issue the Tranche(s) B Notes and the Noteholder agrees to subscribe and pay for the Tranche(s) B Notes in the principal amount specified in each Tranche(s) B Request Notice on the date of completion of each issue of the Tranche(s) B Notes to the Noteholder falling during the Additional Tranche Period (each, a “Tranche(s) B Notes Closing Date”), at an issue price of 100 per cent. of the principal amount of the Tranches B Notes (namely €100,000 per Tranche(s) B Note) (each, a “Tranche(s) B Issue Price”).