Common use of Lender Notes Clause in Contracts

Lender Notes. With respect to each Lender, the Advances made by such Lender to the Borrower shall be evidenced by a single promissory note executed by the Borrower (as the same may be amended, modified, extended or replaced from time to time, a “Lender Note” and collectively, the “Lender Notes”) substantially in the form of Exhibit B hereto, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, payable to such Lender. For the avoidance of doubt, any Protective Advances made by a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its Lender Note (or on any continuation of such grid) or at such Lender’s option, in the records of such Lender, which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rates and Interest Periods applicable to the Advances made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records (absent manifest error) shall be conclusive evidence of the subject matter thereof; provided, however, that the failure to make any such notations or maintain any such records shall not limit or otherwise affect any Obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new Lender Note upon any assignment to a new Lender effected in accordance with Section 13.4 of this Loan Agreement, and each Lender making an assignment of all or any portion of its Lender Note will either (i) if such assignment is an assignment of its entire Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of such Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such Lender.

Lender Notes. With respect to each Lender, the Advances made by such Lender to the Borrower shall be evidenced by a single promissory grid note executed by the Borrower (as the same may be amended, modified, extended or replaced from time to time, a “Lender Note” and collectively, the “Lender Notes”) substantially in the form of Exhibit B hereto, with appropriate insertions to reflect Advances (or portion portions thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, payable to the order of such Lender. For the avoidance of doubt, any Protective Advances made by a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its Lender Note (or on any continuation of such grid) or at such Lender’s option, in the records of such Lender, which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rates and Interest Periods applicable to the Advances made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records (absent manifest error) shall be conclusive rebuttably presumptive evidence of the subject matter thereofthereof absent manifest error; provided, however, that the failure to make any such notations or maintain any such records shall not limit or otherwise affect any Obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new Lender Note upon any assignment to a new Lender effected in accordance with Section 13.4 of this Loan Agreement, and each Lender making an assignment of all or any portion of its Lender Note will either (i) if such assignment is an assignment of its entire Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of such Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such Lender.

Lender Notes. With respect to each Lender, the Advances made by such Lender to the Borrower shall be evidenced by a single promissory grid note executed by the Borrower (as the same may be amended, modified, extended or replaced from time to time, a “Lender Note” and collectively, the “Lender Notes”) substantially in the form of Exhibit B hereto, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, payable to the order of such Lender. For the avoidance of doubt, any Protective Advances made by a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its Lender Note (or on any continuation of such grid) or at such Lender’s option, in the records of such Lender, which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rates and Interest Periods applicable to the Advances made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records (absent manifest error) shall be conclusive rebuttably presumptive evidence of the subject matter thereofthereof absent manifest error; provided, however, that the failure to make any such notations or maintain any such records shall not limit or otherwise affect any Obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new Lender Note upon any assignment to a new Lender effected in accordance with Section 13.4 of this Loan Agreement, and each Lender making an assignment of all or any portion of its Lender Note will either (i) if such assignment is an assignment of its entire Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of such Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such Lender.

Lender Notes. With respect to each Lender, the Advances Each Loan made by such a Lender to the Borrower shall be evidenced by (i) if a single Revolving Loan, a promissory note executed by payable to the Borrower (as order of such Lender in a maximum principal amount equal to such Lender's Revolving Percentage of the same may Total Revolving Commitments and shall be amended, modified, extended or replaced from time to time, a “Lender Note” dated the Closing Date and collectively, the “Lender Notes”) substantially in the form of Exhibit B heretoB-1 (a "Revolving Note") and (ii) if a Swingline Loan, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, a promissory note payable to such Lender. For the avoidance order of doubt, any Protective Advances made by the Swingline Lender in a Lender shall not be required maximum principal amount equal to be evidenced the Maximum Swingline Amount and dated the Closing Date and substantially in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been madeform of Exhibit B-2 (the "Swingline Note"). The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its respective Lender Note (or on any a continuation of such grid) or at grid attached to such Lender’s option, in the records of such LenderLender Note and made a part thereof), which notations, if made, notations shall evidence, inter alia, the date of, the outstanding principal amount of, and the interest rates rate (including any conversions thereof pursuant to Section 3.4.3) applicable to, the Loans evidenced thereby. The notations on each such grid (and Interest Periods applicable to on each such continuation) indicating the Advances outstanding principal amount of the Loans made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records shall be prima facie evidence (absent manifest error) shall be conclusive evidence of the subject matter thereof; providedprincipal amount thereof owing and unpaid, however, that but the failure to make record any such notations amount on such grid (or maintain any on such records continuation) shall not limit or otherwise affect any Obligations the obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new hereunder or under any Lender Note upon to make payment of the principal of or interest on such Loans when due. Notwithstanding the foregoing or any assignment to a new Lender effected in accordance with Section 13.4 other provision of this Loan Agreement, a Lender may, by written request to the Borrower and each Lender making an assignment of all or any portion of the Administrative Agent, elect not to have its Lender Note will either (i) if such assignment is an assignment of its entire Loans evidenced by a Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of which case Loans made by such Lender Note, deliver its Lender Note to shall be evidenced solely by the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such LenderRegister.

Lender Notes. With respect to each Lender, the Advances Each Loan made by such a Lender to the Borrower shall be evidenced by (i) if a single Revolving Loan, a promissory note executed by payable to the Borrower (as order of such Lender in a maximum principal amount equal to such Lender's Revolving Percentage of the same may Total Revolving Commitments and shall be amended, modified, extended or replaced from time to time, a “Lender Note” dated the Closing Date and collectively, the “Lender Notes”) substantially in the form of Exhibit B heretoB-1 (a "Revolving Note") and (ii) if a Swingline Loan, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, a promissory note payable to such Lender. For the avoidance order of doubtthe applicable Swingline Lender in a maximum principal amount equal to the Maximum Swingline Amount (on a Dollar Equivalent basis, any Protective Advances made by in the case of the promissory note relating to Swingline Loans denominated in Euros) and dated the Closing Date and substantially in the form of Exhibit B-2 (a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made"Swingline Note"). The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its respective Lender Note (or on any a continuation of such grid) or at grid attached to such Lender’s option, in the records of such LenderLender Note and made a part thereof), which notations, if made, notations shall evidence, inter alia, the date of, the outstanding principal amount of, and the interest rates rate applicable to, the Loans evidenced thereby. The notations on each such grid (and Interest Periods applicable to on each such continuation) indicating the Advances outstanding principal amount of the Loans made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records shall be prima facie evidence (absent manifest error) shall be conclusive evidence of the subject matter thereof; providedprincipal amount thereof owing and unpaid, however, that but the failure to make record any such notations amount on such grid (or maintain any on such records continuation) shall not limit or otherwise affect any Obligations the obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new hereunder or under any Lender Note upon to make payment of the principal of or interest on such Loans when due. Notwithstanding the foregoing or any assignment to a new Lender effected in accordance with Section 13.4 other provision of this Loan Agreement, a Lender may, by written request to the Borrower and each Lender making an assignment of all or any portion of the Administrative Agent, elect not to have its Lender Note will either (i) if such assignment is an assignment of its entire Loans evidenced by a Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of which case Loans made by such Lender Note, deliver its Lender Note to shall be evidenced solely by the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such LenderRegister.

Lender Notes. With respect to each Lender, the Advances made by such Lender to the Borrower shall be evidenced by a single promissory note executed by the Borrower (as the same may be amended, modified, extended or replaced from time to time, a “Lender Note” and collectively, the “Lender Notes”) substantially in the form of Exhibit B hereto, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, payable to such Lender. For the avoidance of doubt, any Protective Advances made by a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its Lender Note (or on any continuation of such grid) or at such Lender’s option, in the records of such Lender, which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rates and Interest Periods applicable to the Advances made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records (absent manifest error) shall be conclusive evidence of the subject matter thereof; provided, however, that the failure to make any such notations or maintain any such records shall not limit or otherwise affect any Obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new Lender Note upon any assignment to a new Lender effected in accordance with Section 13.4 of this Loan Agreement, and each Lender making an assignment of all or any portion of its Lender Note will either (i) if such assignment is an assignment of its entire Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of such Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such Lender.. GWG DLP Funding IV, LLC Third Amended and Restated Loan and Security Agreement

Lender Notes. With respect to each Lender, the Advances made by such Lender to the Borrower shall be evidenced by a single promissory note executed by the Borrower (as the same may be amended, modified, extended or replaced from time to time, a “Lender Note” and collectively, the “Lender Notes”) substantially in the form of Exhibit B hereto, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, payable to such Lender. For the avoidance of doubt, any Protective Advances made by a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its Lender Note (or on any continuation of such grid) or at such Lender’s option, in the records of such Lender, which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rates and Interest Periods applicable to the Advances made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records (absent manifest error) shall be conclusive evidence of the subject matter thereof; provided, however, that the failure to make any such notations or maintain any such records shall not limit or otherwise affect any Obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new Lender Note (x) upon any assignment of such Lender's Lender Note to a new Lender effected in accordance with Section 13.4 of this Loan AgreementAgreement or (y) on or after August 1, 2022, at any time at the reasonable request of an existing Lender, and each Lender making an assignment of all or any portion of its Lender Note will either (i) if such assignment is an assignment of its entire Lender NoteNote or is in respect of the issuance of a new Lender Note to such existing Lender pursuant to clause (y), deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or such existing Lender, respectively, or (ii) if such assignment is an assignment in part of such Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such Lender.

Lender Notes. With respect to each Lender, the Advances Each Loan made by such a Lender to the Borrower shall be evidenced by (i) if a single Revolving Loan, a promissory note executed by payable to the Borrower (as order of such Lender in a maximum principal amount equal to such Lender's Revolving Percentage of the same may Total Revolving Commitments and shall be amended, modified, extended or replaced from time to time, a “Lender Note” dated the Closing Date and collectively, the “Lender Notes”) substantially in the form of Exhibit B heretoB-1 (a "Revolving Note") and (ii) if a Swingline Loan, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, a promissory note payable to such Lender. For the avoidance order of doubt, any Protective Advances made by the Swingline Lender in a Lender shall not be required maximum principal amount equal to be evidenced the Maximum Swingline Amount and dated the Closing Date and substantially in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been madeform of Exhibit B-2 (the "Swingline Note"). The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its respective Lender Note (or on any a continuation of such grid) or at grid attached to such Lender’s option, in the records of such LenderLender Note and made a part thereof), which notations, if made, notations shall evidence, inter alia, the date of, the outstanding principal amount of, and the interest rates rate applicable to, the Loans evidenced thereby. The notations on each such grid (and Interest Periods applicable to on each such continuation) indicating the Advances outstanding principal amount of the Loans made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records shall be prima facie evidence (absent manifest error) shall be conclusive evidence of the subject matter thereof; providedprincipal amount thereof owing and unpaid, however, that but the failure to make record any such notations amount on such grid (or maintain any on such records continuation) shall not limit or otherwise affect any Obligations the obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new hereunder or under any Lender Note upon to make payment of the principal of or interest on such Loans when due. Notwithstanding the foregoing or any assignment to a new Lender effected in accordance with Section 13.4 other provision of this Loan Agreement, a Lender may, by written request to the Borrower and each Lender making an assignment of all or any portion of the Administrative Agent, elect not to have its Lender Note will either (i) if such assignment is an assignment of its entire Loans evidenced by a Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of which case Loans made by such Lender Note, deliver its Lender Note to shall be evidenced solely by the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such LenderRegister.

Lender Notes. With respect to each Lender, the Advances made by such Lender to the Borrower shall be evidenced by a single promissory note executed by the Borrower (as the same may be amended, modified, extended or replaced from time to time, a “Lender Note” and collectively, the “Lender Notes”) substantially in the form of Exhibit B hereto, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, payable to such Lender. For the avoidance of doubt, any Protective Advances made by a Lender shall not be required to be evidenced in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been made. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its Lender Note (or on any continuation of such grid) or at such Lender’s option, in the records of such Lender, which notations, if made, shall evidence, inter alia, the date of, the outstanding principal of, and the interest rates and Interest Periods applicable to the Advances made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records (absent manifest error) shall be conclusive evidence of the subject matter thereof; provided, however, that the failure to make any such notations or maintain any such records shall not limit or otherwise affect any Obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new Lender Note upon any assignment to a new Lender effected in accordance with Section 13.4 of this Loan Agreement, and each Lender making an assignment of all or any portion of its Lender Note will either (i) if such assignment is an assignment of its entire Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of such Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such Lender.. GWG DLP Funding IV, LLC Second Amended and Restated Loan and Security Agreement

Lender Notes. With respect to each Lender, the Advances Each Loan made by such a Lender to the Borrower shall be evidenced by (i) if a single Revolving Loan, a promissory note executed by payable to the Borrower (as order of such Lender in a maximum principal amount equal to such Lender’s Revolving Percentage of the same may Total Revolving Commitments and shall be amended, modified, extended or replaced from time to time, a “Lender Note” dated the Closing Date and collectively, the “Lender Notes”) substantially in the form of Exhibit B heretoB-1 (a “Revolving Note”) and (ii) if a Swingline Loan, with appropriate insertions to reflect Advances (or portion thereof) actually funded by such Lender, the related applicable interest rates thereof and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement, a promissory note payable to such Lender. For the avoidance order of doubt, any Protective Advances made by the Swingline Lender in a Lender shall not be required maximum principal amount equal to be evidenced the Maximum Swingline Amount and dated the Closing Date and substantially in its Lender Note and the Administrative Agent’s records shall constitute conclusive evidence that such Protective Advances have been madeform of Exhibit B-2 (the “Swingline Note”). The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to its respective Lender Note (or on any a continuation of such grid) or at grid attached to such Lender’s option, in the records of such LenderLender Note and made a part thereof), which notations, if made, notations shall evidence, inter alia, the date of, the outstanding principal amount of, and the interest rates rate applicable to, the Loans evidenced thereby. The notations on each such grid (and Interest Periods applicable to on each such continuation) indicating the Advances outstanding principal amount of the Loans made by such Lender and related repayments and appropriate revisions to reflect assignments effected in accordance with Section 13.4 of this Loan Agreement. Such notations and records shall be prima facie evidence (absent manifest error) shall be conclusive evidence of the subject matter thereof; providedprincipal amount thereof owing and unpaid, however, that but the failure to make record any such notations amount on such grid (or maintain any on such records continuation) shall not limit or otherwise affect any Obligations the obligations of the Borrower. The Borrower hereby agrees to promptly execute and deliver a new hereunder or under any Lender Note upon to make payment of the principal of or interest on such Loans when due. Notwithstanding the foregoing or any assignment to a new Lender effected in accordance with Section 13.4 other provision of this Loan Agreement, a Lender may, by written request to the Borrower and each Lender making an assignment of all or any portion of the Administrative Agent, elect not to have its Lender Note will either (i) if such assignment is an assignment of its entire Loans evidenced by a Lender Note, deliver its Lender Note to the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of such new Lender Note to the assignee thereof or (ii) if such assignment is an assignment in part of which case Loans made by such Lender Note, deliver its Lender Note to shall be evidenced solely by the Borrower for termination and cancellation effective upon Borrower’s execution and delivery of a new Lender Note to the assignee thereof and a new Lender Note to such LenderRegister.