Common use of Competitive Bid Notes Clause in Contracts

Competitive Bid Notes. The Competitive Bid Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit D-1 attached hereto (each a "Competitive Bid Note"), dated as of the Closing Date and completed with appropriate insertions. A Competitive Bid Note shall be payable to the order of each Bank in a principal amount equal to the Total Commitment or, if less, the outstanding amount of all Competitive Bid Loans made by such Bank to the Borrower hereunder, plus interest accrued thereon. The Borrower irrevocably authorizes each Bank to make, at or about the time of the Drawdown Date of any Competitive Bid Loan made by such Bank or at the time of receipt of the payment of principal of such Competitive Bid Loan, an appropriate notation on the Record attached to such Bank's Competitive Bid Note reflecting the making of such Competitive Bid Loan and repayments thereof. All such notations shall constitute prima facie evidence of the amount of such Competitive Bid Loans and the repayments thereof, but the failure to record, or any error in so recording such amount on such Bank's Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Competitive Bid Note to make payments of principal or interest on any Competitive Bid Note when due.

Competitive Bid Notes. The Competitive Bid Loans of each Lender shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit D-1 attached hereto (each a "Competitive Bid Note"), dated as of the Closing Date and completed with appropriate insertions. A Competitive Bid Note shall be payable to the order of each Bank Lender. The Competitive Bid Note of each Lender shall (i) be in a the principal amount equal to of the Total Commitment, or such amount less than the Total Commitment oras the Company and such Lender may agree, if less(ii) be dated not later than the date of the initial Competitive Bid Loan made by such Lender and (iii) be stated to mature on the Termination Date as such date may be extended hereunder and bear interest from its date until maturity on the principal balance (from time to time outstanding thereunder) payable at the rates and in the manner provided herein. Each Lender is authorized to indicate upon the grid attached to its Competitive Bid Note all Competitive Bid Loans made by it pursuant to this Agreement, interest elections and payments of principal and interest thereon. Such notations shall be presumptive as to the outstanding aggregate unpaid principal amount of all Competitive Bid Loans made by such Bank to the Borrower hereunderLender, plus and interest accrued due thereon. The Borrower irrevocably authorizes each Bank to make, at or about the time of the Drawdown Date of any Competitive Bid Loan made by such Bank or at the time of receipt of the payment of principal of such Competitive Bid Loan, an appropriate notation on the Record attached to such Bank's Competitive Bid Note reflecting the making of such Competitive Bid Loan and repayments thereof. All such notations shall constitute prima facie evidence of the amount of such Competitive Bid Loans and the repayments thereof, but the failure by any Lender to record, make such notations or the inaccuracy or incompleteness of any error in so recording such amount on such Bank's Record notations shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any the Competitive Bid Note to make payments of principal or interest on any Competitive Bid Note when dueNotes.

Competitive Bid Notes. The Competitive Bid Loans shall be evidenced by separate promissory notes of the Borrower substantially in substantially the form of Exhibit D-1 A-3 attached hereto (each a "Competitive Bid Note")hereto, dated as of the Closing Date and completed with appropriate insertions. A Competitive Bid Note shall be payable to the order of each Bank Lender in a principal amount equal to such Lender's Commitment. Each such Note shall be dated on or before the Total Commitment ordate of the first Loans and shall have the blanks therein appropriately completed. Each Lender shall, if lessand is hereby irrevocably authorized by the Borrower to, enter on the outstanding schedule forming a part of such Lender's Competitive Bid Note or otherwise in its records appropriate notations evidencing the date and the amount of all Competitive Bid Loans made by such Bank to the Borrower hereunder, plus interest accrued thereon. The Borrower irrevocably authorizes each Bank to make, at or about the time of the Drawdown Date of any Competitive Bid Loan made by such Bank or at Lender, the time interest rate applicable thereto and the date and amount of receipt of the each payment of principal of such Competitive Bid Loan, an appropriate notation on made by the Record attached to such Bank's Competitive Bid Note reflecting the making of such Competitive Bid Loan Borrower with respect thereto; and repayments thereof. All such notations shall constitute prima facie evidence of thereof. Each Lender is hereby irrevocably authorized by the amount Borrower to attach to and make a part of such Lender's Competitive Bid Loans Note a continuation of any such schedule as and when required. No failure on the repayments thereof, but the failure part of any Lender to record, or make any error notation as provided in so recording such amount on such Bank's Record this subsection (j) shall not limit or otherwise in any way affect the obligations of the Borrower hereunder or under any Competitive Bid Note to make payments Loan or the rights or obligations of principal such Lender or interest on any Competitive Bid Note when duethe Borrower with respect thereto.