LOANS AND PAYMENTS. Date Amount and Type of Swingline Loan Payments of Principal Unpaid Principal Balance of Swingline Note Name of Person Making Notation EXHIBIT C FORM OF ASSIGNMENT AND ACCEPTANCE [date to be supplied] Reference is made to the Revolving Credit Agreement dated as of March 28, 2008 (as amended and in effect on the date hereof, the “Credit Agreement”), among Xxxxxxx, Inc., a Delaware corporation, the lenders from time to time parties thereto and SunTrust Bank, as Administrative Agent for such lenders. Terms defined in the Credit Agreement are used herein with the same meanings. [name of assignor] (the “Assignor”) hereby sells and assigns, without recourse, to [name of assignee] (the “Assignee”), and the Assignee hereby purchases and assumes, without recourse, from the Assignor, effective as of the Assignment Date set forth below, the interests set forth below (the “Assigned Interest”) in the Assignor’s rights and obligations under the Credit Agreement, including, without limitation, the interests set forth below in the Revolving Commitment of the Assignor on the Assignment Date and Loans owing to the Assignor which are outstanding on the Assignment Date, but excluding accrued interest and fees to and excluding the Assignment Date. The Assignee hereby acknowledges receipt of a copy of the Credit Agreement. From and after the Assignment Date, [(i) the Assignee shall be a party to and be bound by the provisions of the Credit Agreement and, to the extent of the Assigned Interest, have the rights and obligations of a Lender thereunder and (ii)](1) the Assignor shall, to the extent of the Assigned Interest, relinquish its rights and be released from its obligations under the Credit Agreement. This Assignment and Acceptance is being delivered to the Administrative Agent together with (i) if the Assignee is a Foreign Lender, any documentation required to be delivered by the Assignee pursuant to Section 2.18(e) of the Credit Agreement, duly completed and executed by the Assignee, and (ii) if the Assignee is not already a Lender under the Credit Agreement, an Administrative Questionnaire in the form supplied by the Administrative Agent, and any documentation required to be delivered pursuant to Section 10.4 of the Credit Agreement, duly completed by the Assignee. The Assignee shall pay the fee payable to the Administrative Agent pursuant to Section 10.4(b) of the Credit Agreement.
LOANS AND PAYMENTS. Date Amount and Type of Loan Payments of Principal Unpaid Principal Balance of Note Name of Person Making Notation EXHIBIT C
LOANS AND PAYMENTS. All payments will be in United States Dollars and in immediately available funds. Interest will be computed on the basis of a 360 day year, actual days elapsed. All payments of principal, interest, fees and other charges on the Loans will be made by charging, and Borrower hereby authorizes CNB to charge, the Borrower's Demand Deposit Account for the amount of each such payment. Borrower must have sufficient collected balances in the Borrower's Demand Deposit Account in order that each such payment will be available when due. CNB is authorized to note the date, amount and interest rate of each Loan and each payment of principal and interest on CNB's books and records, which notations will constitute presumptive evidence of the accuracy of the information noted. Any Loan will be conclusively presumed to have been made to or for the benefit of Borrower when CNB, in its sole discretion, believes that the request therefore has been made by authorized persons (whether in fact that is the case), or when the Loan is deposited to the Borrower's Demand Deposit Account, regardless of whether any Person other than Borrower may have authority to draw against such account.
LOANS AND PAYMENTS. All payments will be in United States Dollars and in immediately available funds. Interest will be computed on the basis of a 365 day year for Prime Loans and a 360 day year for LIBOR Loans, actual days elapsed. CNB is authorized to note the date, amount and interest rate of each Loan and each payment of principal and interest on CNB’s books and records, which notations will constitute presumptive evidence of the accuracy of the information noted. Any Loan will be conclusively presumed to have been made to or for the benefit of Borrower when CNB, in its sole discretion, but without gross negligence or willful misconduct, believes that the request therefor has been made by authorized persons (whether in fact that is the case), or when the Loan is deposited to the Demand Deposit Account, regardless of whether any Person other than Borrower may have authority to draw against such account.
LOANS AND PAYMENTS. All payments will be in United States Dollars and in immediately available funds. Interest will be computed on the basis of a 360-day year, actual days elapsed. All payments of principal, interest, fees and other charges on the Loans will be made directly to CNB at the address specified at the end of this agreement CNB is authorized to note the date, amount and interest rate of each Loan and each payment of principal and interest on CNB's books and records, which notations will constitute presumptive evidence of the accuracy of the information noted. Any Loan will be conclusively presumed to have been made to or for the benefit of Borrower when CNB, in its sole discretion, believes that the request therefor has been made by authorized persons (whether in fact that is the case), or when the Loan is deposited to the credit of Borrower's account with CNB, regardless of whether any Person other than Borrower may have authority to draw against such account.
LOANS AND PAYMENTS a. Except to the extent otherwise set forth in this Agreement (or in the case of an Interest Hedging Instrument under the applicable agreements), all payments of principal and of interest on the Revolving Credit, and all Expenses, fees, indemnification obligations and all other charges and any other Obligations of Borrower, shall be made to Lender at such office or account as Lender may direct from time to time, in United States dollars, in immediately available funds. Lender shall have the unconditional right and discretion and Borrower hereby authorizes Lender) to charge Borrower’s operating and/or deposit account(s) for all of Borrower’s Obligations as they become due from time to time under this Agreement including, without limitation, interest, principal, fees, indemnification obligations and reimbursement of Expenses. Alternatively, Lender may in its sole and absolute discretion (and Borrower hereby authorizes Lender to) make a Loan under the Revolving Credit in a sum sufficient to pay all interest accrued and payable on the Obligations and to pay all costs, fees and Expenses owing hereunder. Any payments received prior to 2:00 p.m. Eastern time on any Business Day shall be deemed received on such Business Day. Any payments (including any payment in full of the Obligations), received after 2:00 p.m. Eastern time on any Business Day shall be deemed received on the immediately following Business Day.
LOANS AND PAYMENTS. Amount Type Payments Unpaid of of ------------------- Principal Notations Date Loan Loan Principal Interest Balance Made By --------------------- ------ ---- --------- -------- --------- ---------
LOANS AND PAYMENTS. Unpaid Principal Name of Person Amount and Payments of Balance of Making Date Type of Loan Principal Note Notation ---- ------------ --------- ---- -------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- --------------------------------------------------------------------------------
LOANS AND PAYMENTS. Unpaid Principal Name of Person Amount and Payments of Balance of Making Date Type of Loan Principal Note Notation ---- ------------ --------- ---- -------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- -------- --------------------- --------------- ------------------ -------------- REVOLVING CREDIT NOTE $12,500,000 Atlanta, Georgia October 11, 2000 FOR VALUE RECEIVED, the undersigned, Ruby Tuesday, Inc., a Georgia corporation (the "Borrower"), hereby promises to pay to Fleet National Bank (the "Lender") or its registered assigns, at the office of the Lender at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, on the Revolving Commitment Termination Date (as defined in the Revolving Credit Agreement dated as of October 11, 2000 (as the same may be amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among ...
LOANS AND PAYMENTS. All payments will be in United States Dollars and in immediately available funds. Interest will be computed on the basis of a 360 day year, actual days elapsed. Any Loan will be conclusively presumed to have been made to or for the benefit of Borrower when CNB, in its sole discretion, believes that the request therefor has been made by authorized persons (whether in fact that is the case), or when the Loan is advanced via wire transfers as requested by Borrower, regardless of whether any Person other than Borrower may have authority to draw against such account.”
