Convertible Term C Loan Sample Clauses

Convertible Term C Loan. (a) Subject to the terms and conditions hereof, each Convertible Term C Loan Lender has made available to Borrower its share of the Convertible Term C Loan as set out on Schedule 1.1(6)(a) and has made related PIK Loans. The Convertible Term C Loan is a term loan and thus is not revolving. Any portion of the Convertible Term C Loan which is repaid by the Borrower may not be reborrowed. The entire unpaid balance of the Convertible Term C Loan, the related PIK Loans and all other non-contingent Obligations in connection therewith shall be immediately due and payable in full in immediately available funds on the Maturity Date. The parties confirm that the Convertible Term C Loans and related PIK Loans are the same Obligations as the Convertible Term Loan and related PIK Loans (as such terms were defined in the Original Credit Agreement) which were held by what are now Convertible Term C Loan Lenders and that this Agreement, the Convertible Term C Loans and the related PIK Loans do not involve a novation of any Convertible Term Loan and related PIK Loans (as defined in the Original Credit Agreement) or a new advance of funds by any Lender or any repayment or reissue by Borrower of any Convertible Term Loan or related PIK Loans (as such term was defined in the Original Credit Agreement). (b) Borrower has issued to each Convertible Term C Loan Lender a promissory note (each, a "Convertible Term C LoanNote"; collectively, the "Convertible Term C LoanNotes") to evidence such Convertible Term C Loan Lender's share of the Convertible Term C Loan. Such Convertible Term C Loan Note is in the principal amount of such Convertible Term C Loan Lender's share of the Convertible Term C Loan, dated as of the Convertible Term C Loan Closing Date and substantially in the form of Exhibit 1.1(6)(b). Each such Convertible Term C Loan Note represents the obligation of Borrower to pay to such Convertible Term C Loan Lender the amount of such Convertible Term C Loan Note, together with interest thereon as prescribed in Section 1.4. Borrower acknowledges and agrees that the aggregate principal amount stated to be outstanding set forth on each Convertible Term C Loan Note or in the Loan Accounts shall, absent manifest error, be presumptive evidence of the amounts due and owing to each applicable Convertible Term C Loan Lender by Borrower; provided that any failure to so record or any error in so recording or to issue a Convertible Term C Loan Note shall not limit or otherwise affect B...