Common use of Business Loans Clause in Contracts

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter One. STERLING CHEMICALS, INC. By:___________________________________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, Xxxxx $__________ ________________, 199_ FOR VALUE RECEIVED, STERLING CHEMICALS, INC. ("Maker"), a Delaware corporation, promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank National Association, a national banking association, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate Agreement") attached as Schedule 1 to the Credit Agreement (hereinafter defined); provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Sterling Chemicals Inc)

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Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSSOLARIS OILFIELD INFRASTRUCTURE, INC. LLC, a Delaware limited liability company By:: Name: Title: 3 NOTE (Advance Loans) $ ____________ Houston, Texas 20 FOR VALUE RECEIVED, SOLARIS OILFIELD INFRASTRUCTURE, LLC, a Delaware limited liability company (together with permitted successors, herein collectively called “Maker”), promises to pay to __________________________________ Name:______(“Payee”), at the office of WOODFOREST NATIONAL BANK, at Woodforest National Bank-Loan Operations, P.X. Xxx 0000, Xxx Xxxxxxxxx, XX 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of ___________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, Xxxxx $__________ ________________, 199_ FOR VALUE RECEIVED, STERLING CHEMICALS, INC. ("Maker"), a Delaware corporation, promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank National Association, a national banking association, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ Dollars dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of January 19, 2018 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and WOODFOREST NATIONAL BANK, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Solaris Oilfield Infrastructure, Inc.)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSDXP ENTERPRISES, INC. ., a Texas corporation By:__________________________: Name: Title: NOTE (Term Loans) $_________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX XxxxxxxHouston, Xxxxx $__________ __Texas ______________, 19920___ FOR VALUE RECEIVED, STERLING CHEMICALSDXP ENTERPRISES, INC. ("Maker")., a Delaware corporationTexas corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank Xxxxx Fargo Bank, National Association, a national banking associationat 0000 Xxxxxxx Xxx., 000 Xxxx XXX X0000-000, Xxxxxx, XxxxxxxXxxxxxxx 00000, Xxxxxx Xxxxxx, Texas 77002Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum ofof _____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of August 28, 2008 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (DXP Enterprises Inc)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSORION MARINE GROUP, INC. ., a Delaware corporation By:: Name: Title: EXHIBIT C-1 EXHIBIT C-2 NOTE (Swingline Loans) $5,000,000 Houston, Texas ______________, 2010 FOR VALUE RECEIVED, ORION MARINE GROUP, INC., a Delaware corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of XXXXX FARGO BANK, NATIONAL ASSOCIATION (“Payee”), at the office of Xxxxx Fargo Bank, National Association at 0000 X XX Xxxxxx Blvd., Charlotte, NC 28262, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, Xxxxx Dollars ($__________ ________________, 199_ FOR VALUE RECEIVED, STERLING CHEMICALS, INC. ("Maker"), a Delaware corporation, promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank National Association, a national banking association, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of June 29, 2010 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Orion Marine Group Inc)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSORION MARINE GROUP, INC. ., a Delaware corporation By:: Name: Title: HOU:0050320/00182:1602156v1 EXHIBIT C-3 HOU:0050320/00182:1602156v1 NOTE (Swingline Loans) $5,000,000 Houston, Texas ______________, 2010 FOR VALUE RECEIVED, ORION MARINE GROUP, INC., a Delaware corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of XXXXX FARGO BANK, NATIONAL ASSOCIATION (“Payee”), at the office of Xxxxx Fargo Bank, National Association at 0000 X XX Xxxxxx Blvd., Charlotte, NC 28262, in immediately available funds and in lawful money of the United States of America, the principal sum of _____________________________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, Xxxxx Dollars ($__________ ________________, 199_ FOR VALUE RECEIVED, STERLING CHEMICALS, INC. ("Maker"), a Delaware corporation, promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank National Association, a national banking association, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of June 25, 2012 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Orion Marine Group Inc)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSCARROLS CORPORATION, INC. a Delaware corporation By:___________________________________ : Name:_________________________________ : Title:________________________________ EXHIBIT D to Credit Agreement : XXXXXXXXX XXXX Xxxxxxx, Xxxxx $__________ ________________$ , 199_ 200 FOR VALUE RECEIVED, STERLING CHEMICALSCARROLS CORPORATION (together with its permitted successors, INC. ("herein called “Maker"), a Delaware corporation, promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank National AssociationJPMorgan Chase Bank, a national banking associationN.A., 000 700 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ of Dollars ($____________$ ) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Loan Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Loan Agreement") attached dated as Schedule 1 to of December 15, 2004 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and JPMorgan Chase Bank, N.A., as Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Loan Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Loan Agreement, as the case may be.

Appears in 1 contract

Samples: Loan Agreement (Carrols Corp)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSDXP ENTERPRISES, INC. ., a Texas corporation By:__________________________: Name: Title: EXHIBIT C-3 NOTE (Term Loans) $_________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX XxxxxxxHouston, Xxxxx $__________ __Texas ______________, 19920___ FOR VALUE RECEIVED, STERLING CHEMICALSDXP ENTERPRISES, INC. ("Maker")., a Delaware corporationTexas corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank Xxxxx Fargo Bank, National Association, a national banking associationat 0000 Xxxxxxx Xxx., 000 Xxxx XXX X0000-000, Xxxxxx, XxxxxxxXxxxxxxx 00000, Xxxxxx Xxxxxx, Texas 77002Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum ofof _____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of August 28, 2008 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (DXP Enterprises Inc)

Business Loans. Maker warrants and represents repre­sents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSDXP ENTERPRISES, INC. ., a Texas corporation By:___________________________________ : Name:_________________________________ : Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx: NOTE (Swingline Loans) $10,000,000 Houston, Xxxxx $__________ ___Texas _____________, 19920___ FOR VALUE RECEIVED, STERLING CHEMICALSDXP ENTERPRISES, INC. ("Maker")., a Delaware corporationTexas corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of _________________________________ XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Payee"), a _______________, at the principal office of Texas Commerce Bank Xxxxx Fargo Bank, National AssociationAssociation at 0000 Xxxxxxx Xxx., a national banking associationXXX X0000-000, 000 Xxxx Xxxxxx, XxxxxxxXxxxxxxx 00000, Xxxxxx Xxxxxx, Texas 77002Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ of Ten Million Dollars ($____________10,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of August 28, 2008 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (DXP Enterprises Inc)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter OnelD of Title 79, Texas Rev. Civ. STERLING CHEMICALSStats. 1925, INCas amended. CARROLS CORPORATION, a Delaware corporation By:___________________________________ Name:_________________________________ Title:________________________________ EXHIBIT D C to Credit Loan Agreement XXXXXXXXX XXXX XxxxxxxREVOLVING NOTE Houston, Xxxxx Texas $__________ ________________, ,199_ FOR VALUE RECEIVED, STERLING CHEMICALSCARROLS CORPORATION (together with its permitted successors, INC. (herein called "Maker"), a Delaware corporation, promises to pay to the order of ___________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Chase Bank of Texas, National Association, a national banking association, 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, . Texas 77002, in immediately available funds and in lawful money of the United States of America, the principal sum ofof _____________________ ___________________ Dollars ($____________) _ (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Loan Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate Loan Agreement") attached dated as Schedule 1 to of February _____, 1999 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Chase Bank of Texas, National Association, as Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Loan Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Loan Agreement, as the case may be.

Appears in 1 contract

Samples: Loan Agreement (Pollo Operations Inc)

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Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSM-I L.L.C., INC. a Delaware limited liability company By:: Name: Title: 2 NOTE (Swingline Loans) Chicago, Illinois $ , 20___________________________________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, Xxxxx $__________ ________________, 199_ FOR VALUE RECEIVED, STERLING CHEMICALSXXXXX INTERNATIONAL, INC. ("Maker")., a Delaware corporationcorporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank JPMorgan Chase Bank, National Association, a national banking association00 Xxxxx Xxxxxxxx, 000 Xxxx XxxxxxXxxxx 0, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002Xxxxxxxx 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ of Dollars ($____________$ ) (or the unpaid principal balance of all principal Swingline Loans advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates and on the date or dates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of December 10, 2009 among Maker, M-I L.L.C., certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and JPMorgan Chase Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Smith International Inc)

Business Loans. Maker warrants and represents repre­sents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSDXP ENTERPRISES, INC. ., a Texas corporation By:___________________________________ : Name:_________________________________ : Title:________________________________ : EXHIBIT D to Credit Agreement XXXXXXXXX XXXX XxxxxxxC-2 NOTE (Swingline Loans) $10,000,000 Houston, Xxxxx $__________ ___Texas _____________, 19920___ FOR VALUE RECEIVED, STERLING CHEMICALSDXP ENTERPRISES, INC. ("Maker")., a Delaware corporationTexas corporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of _________________________________ XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Payee"), a _______________, at the principal office of Texas Commerce Bank Xxxxx Fargo Bank, National AssociationAssociation at 0000 Xxxxxxx Xxx., a national banking associationXXX X0000-000, 000 Xxxx Xxxxxx, XxxxxxxXxxxxxxx 00000, Xxxxxx Xxxxxx, Texas 77002Telecopy No.: 000-000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ of Ten Million Dollars ($____________10,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of August 28, 2008 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any capitalized term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (DXP Enterprises Inc)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALS2 XXXXX INTERNATIONAL, INC. a Delaware corporation By:: Name: Title: 3 NOTE (Tranche B Revolving Loans) Chicago, Illinois $ , 20___________________________________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX Xxxxxxx, Xxxxx $__________ ________________, 199_ FOR VALUE RECEIVED, STERLING CHEMICALS, INC. ("Maker")M-I L.L.C., a Delaware corporationlimited liability company (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank JPMorgan Chase Bank, National Association, a national banking association00 Xxxxx Xxxxxxxx, 000 Xxxx XxxxxxXxxxx 0, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002Xxxxxxxx 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ of Dollars ($____________$ ) (or the unpaid principal balance of all principal Tranche B Revolving Loans advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates and on the date or dates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of December 10, 2009 among Maker, Xxxxx International, Inc., certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and JPMorgan Chase Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Smith International Inc)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSSOLARIS OILFIELD INFRASTRUCTURE, INC. LLC, a Delaware limited liability company By:___________________________________ : Name:_________________________________ : Title:________________________________ : EXHIBIT D to Credit Agreement XXXXXXXXX XXXX XxxxxxxC-1 3 NOTE (Advance Loans) $ Houston, Xxxxx $__________ ________________Texas , 199_ 20 FOR VALUE RECEIVED, STERLING CHEMICALSSOLARIS OILFIELD INFRASTRUCTURE, INC. ("Maker")LLC, a Delaware corporationlimited liability company (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of _________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank WOODFOREST NATIONAL BANK, at Woodforest National AssociationBank-Loan Operations, a national banking associationX.X. Xxx 0000, 000 Xxxx XxxxxxXxx Xxxxxxxxx, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002XX 00000-0000, in immediately available funds and in lawful money of the United States of America, the principal sum of_____________________ ___________________ of Dollars ($____________$ ) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of December 1, 2016 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and WOODFOREST NATIONAL BANK, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Solaris Oilfield Infrastructure, Inc.)

Business Loans. Maker warrants and represents to Payee and all other holders of this note that all loans evidenced by this note are and will be for business, commercial, investment or other similar purpose and not primarily for personal, family, household or agricultural use, as such terms are used in Chapter Onethe Texas Finance Code. STERLING CHEMICALSORION MARINE GROUP, INC. ., a Delaware corporation By:_______________________: Name: Title: EXHIBIT C-1 HOU:0050320/00182:1602158v1 EXHIBIT C-1 HOU:0050320/00182:1602158v1 NOTE (Revolving Loans) $____________ Name:_________________________________ Title:________________________________ EXHIBIT D to Credit Agreement XXXXXXXXX XXXX XxxxxxxHouston, Xxxxx $__________ _Texas _______________, 199201___ FOR VALUE RECEIVED, STERLING CHEMICALSORION MARINE GROUP, INC. ("Maker")., a Delaware corporationcorporation (together with permitted successors, herein collectively called “Maker”), promises to pay to the order of __________________________________ ("Payee"), a _______________, at the principal office of Texas Commerce Bank Xxxxx Fargo Bank, National Association, a national banking associationat 0000 X XX Xxxxxx Blvd., 000 Xxxx XxxxxxCharlotte, Xxxxxxx, Xxxxxx Xxxxxx, Texas 77002NC 28262, in immediately available funds and in lawful money of the United States of America, the principal sum ofof _____________________ ___________________ Dollars ($____________) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding at the rate or rates provided in that certain Interest Rate Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Interest Rate “Credit Agreement") attached dated as Schedule 1 to of June 25, 2012 among Maker, certain signatory banks named therein (including the Credit Agreement (hereinafter defined)Payee) and Xxxxx Fargo Bank, National Association, as Administrative Agent; provided, that for the full term of this note the interest rate produced by the aggregate of all sums paid or agreed to be paid to the holder of this note for the use, forbearance or detention of the debt evidenced hereby (including, but not limited to, all interest on this note at the Stated Rate plus the Additional Interest) shall not exceed the Ceiling Rate. Any term defined in the Interest Rate Agreement or in that certain Credit Agreement (as amended, supplemented, restated or replaced from time to time, the "Credit Agreement") dated as of April 13, 1995 among Maker, certain signatory financial institutions named therein, The Bank of Nova Scotia, as Documentation Agent, ABN AMRO Bank, N.V., Houston Agency, Bank of Scotland and Credit Lyonnais, New York Branch, as Co-Agents, and Texas Commerce Bank National Association, as Agent, which is used in this note and which is not otherwise defined in this note shall have the meaning ascribed to it in the Credit Agreement or the Interest Rate Agreement, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Orion Marine Group Inc)

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