Common use of Notes; Register Clause in Contracts

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Revolving Loans made by each Bank shall, except as provided in Sections 1.14 and 12.04, be evidenced by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A with blanks appropriately completed in conformity herewith (each, a "Note" and, collectively, the "Notes"). (b) The Note issued to each Bank shall: (i) be payable to the order of such Bank and be dated the Effective Date; (ii) be in a stated principal amount equal to the Commitment of such Bank and be payable in the principal amount of the Revolving Loans evidenced thereby; (iii) mature on the Maturity Date; and (iv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby. (c) Each Bank will note on its internal records the amount of each Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans. (d) The Payments Administrator shall maintain at the Payments Administrator's Office a register for the recordation of the names and addresses of the Banks, the Commitments of the Banks from time to time, and the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to time, together with the maturity and interest rates applicable to each such Competitive Bid Loan and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior notice.

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Revolving Loans made by each Bank shall, except as provided in Sections 1.14 and 12.04, be evidenced by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A with blanks appropriately completed in conformity herewith (each, each a "Note" and, collectively, the "Notes"). (b) The Note issued to each Bank shall: (i) be payable to the order of such Bank and be dated the Effective Date; (ii) be in a stated principal amount equal to the Commitment of such Bank and be payable in the principal amount of the Revolving Loans evidenced thereby; (iii) mature on the such Bank's Maturity Date; and (iv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby. (c) Each Bank will note on its internal records the amount of each Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans. (d) The Payments Administrator shall maintain at the Payments Administrator's Office a register for the recordation of the names and addresses of the Banks, the Commitments of the Banks from time to time, and the principal amount of the Revolving Loans, Swingline Loans and Competitive Bid Loans Loans, owing to each Bank from time to time, together with the maturity and interest rates applicable to each such Competitive Bid Loan and other terms applicable thereto time (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior notice.

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Revolving Loans made to it by each Bank shall, except as provided in Sections 1.14 and 12.04, shall be evidenced by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A B hereto with blanks appropriately completed in conformity herewith (each, each a "Note" and, collectively, and collectively the "Notes"). (b) The Note issued to each Bank shall: shall (i) be executed by the Borrower, (ii) be payable to the order of such Bank and be dated the Amendment Effective Date; , (iiiii) be in a stated principal amount equal to the Commitment of such Bank and be payable in the principal amount of the Revolving Loans evidenced thereby; , (iiiiv) mature on the Final Maturity Date; and , (ivv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to mandatory repayment as provided in Section 3.02 and (vii) be entitled to the benefits of this Agreement and the other Credit Documents. (c) Each Bank will note record on its internal records the amount of each Loan and Competitive Bid Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans and Competitive Bid Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans and Competitive Bid Loans. (d) The Payments Administrator Agent shall maintain at the Payments Administrator's its Payment Office a register for the recordation of the names and addresses of the Banks, the Commitments of the Banks from time to time, and the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to time, time together with the maturity and interest rates applicable to each such Competitive Bid Loan Loan, and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by constitute prima facie evidence as to the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior noticeinformation set forth therein.

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Revolving Loans made by each Bank Lender shall, except as provided in Sections 1.14 1.15 and 12.0412.04 and only to the extent requested by such Lender, be evidenced by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A with blanks appropriately completed in conformity herewith (each, each a "Note" and, collectively, the "Notes"). (b) The Note issued to each Bank shall: Lender shall (i) be payable to the order of such Bank Lender and be dated the Effective Closing Date; , (ii) be in a stated principal amount equal to the Commitment of such Bank Lender and be payable in the principal amount of the Revolving Loans evidenced thereby; , (iii) mature on the such Lender's Maturity Date; Date and (iv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby. (c) Each Bank Lender will note on its internal records the amount of each Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans. (d) The Payments Administrator Administrative Agent shall maintain at the Payments AdministratorAdministrative Agent's Office a register for the recordation of the names and addresses of the BanksLenders, the Commitments of the Banks Lenders from time to time, and the principal amount of the Revolving Loans, Swingline Loans and Competitive Bid Loans owing to each Bank Lender from time to time, time together with the maturity and interest rates applicable to each such Competitive Bid Loan Loan, and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by the Borrower or any Bank Lender at any reasonable time and from time to time upon reasonable prior notice.

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Revolving Loans made to it by each Bank shall, except as provided in Sections 1.14 and 12.04, shall be evidenced by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A B hereto with blanks appropriately completed in conformity herewith (each, each a "Note" and, collectively, and collectively the "Notes"). (b) The Note issued to each Bank shall: shall (i) be executed by the Borrower, (ii) be payable to the order of such Bank and be dated the Effective Date; , (iiiii) be in a stated principal amount equal to the Commitment of such Bank and be payable in the principal amount of the Revolving Loans evidenced thereby; , (iiiiv) mature on the Final Maturity Date; and , (ivv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to mandatory repayment as provided in Section 3.02 and (vii) be entitled to the benefits of this Agreement and the other Credit Documents. (c) Each Bank will note record on its internal records the amount of each Loan and Competitive Bid Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans and Competitive Bid Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans and Competitive Bid Loans. (d) The Payments Administrator Agent shall maintain at the Payments Administrator's its Payment Office a register for the recordation of the names and addresses of the Banks, the Commitments of the Banks from time to time, and the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to time, time together with the maturity and interest rates applicable to each such Competitive Bid Loan Loan, and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by constitute PRIMA FACIE evidence as to the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior noticeinformation set forth therein.

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Revolving Loans made by each Bank shallLender shall be set forth in the Register maintained by the Administrative Agent pursuant to Section 12.04(f) and, except as provided in Sections 1.14 and 12.04subject to the provisions of Section 1.05(e), shall be evidenced (i) if Revolving Loans, by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A A-1 with blanks appropriately completed in conformity herewith (each, a "Revolving Note" and, collectively, the "Revolving Notes") and (ii) if Swingline Loans, by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A-2 with blanks appropriately completed in conformity herewith (each, a "Swingline Note" and, collectively, the "Swingline Notes" and, together with the Revolving Notes, each a "Note" and, collectively, the "Notes"). (b) The Revolving Note issued to each Bank shall: Lender with a Commitment or outstanding Revolving Loans shall (i) be executed by the Borrower, (ii) be payable to the order of such Bank Lender or its registered assigns and be dated the Third Restatement Effective Date (or, in the case of any Revolving Note issued after the Third Restatement Effective Date; , the date of issuance thereof), (iiiii) be in a stated principal amount equal to the Commitment of such Bank Lender on the date of issuance thereof (or, if issued after the termination of such Commitment, in a stated principal amount equal to the outstanding principal amount of the Revolving Loans of such Lender on the date of the issuance thereof) and be payable in the principal amount of the Revolving Loans evidenced thereby; thereby from time to time, (iiiiv) mature on the such Lender's Maturity Date; and , (ivv) bear interest as provided in the appropriate clause of Section 1.09 1.08 in respect of the Reference Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to voluntary repayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to the benefits of this Agreement and the other Credit Documents. (c) The Swingline Note issued to each Lender with a Swingline Commitment or outstanding Swingline Loans shall (i) be executed by the Borrower, (ii) be payable to such Lender or its registered assigns and be dated the Third Restatement Effective Date (or, in the case of any Swingline Note issued after the Third Restatement Effective Date, the date of issuance thereof), (iii) be in a stated principal amount equal to the Swingline Commitment of such Swingline Lender on the date of issuance thereof (or, if issued after the termination of such Commitment, in a stated principal amount equal to the outstanding principal amount of the Swingline Loans of such Swingline Lender on the date of the issuance thereof) and be payable in the principal amount of the Swingline Loans evidenced thereby from time to time, (iv) mature on such Swingline Lender's Swingline Maturity Date, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Reference Rate Loans evidenced thereby, (vi) be subject to voluntary repayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to the benefits of this Agreement and the other Credit Documents. (d) Each Bank Lender will note on its internal records the amount of each Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans. (de) The Payments Administrator Notwithstanding anything to the contrary contained above or elsewhere in this Agreement, Notes shall maintain only be delivered to Lenders that at any time specifically request the Payments Administrator's Office delivery of such Notes. No failure of any Lender to request or obtain a register for Note evidencing its Loans to the recordation Borrower shall affect or in any manner impair the obligations of the names Borrower to pay the Loans (and addresses all related Obligations) which would otherwise be evidenced thereby in accordance with the requirements of this Agreement, and shall not in any way affect the Bankssecurity or guaranties therefor provided pursuant to the various Credit Documents. Any Lender that does not have a Note evidencing its outstanding Loans shall in no event be required to make the notations otherwise described in preceding clause (d). At any time when any Lender requests the delivery of a Note to evidence any of its Loans, the Commitments of Borrower shall promptly execute and deliver to the Banks from time to time, and respective Lender the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to time, together with the maturity and interest rates applicable to each such Competitive Bid Loan and other terms applicable thereto (the "Register"). The entries requested Note or Notes in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by the Borrower appropriate amount or any Bank at any reasonable time and from time amounts to time upon reasonable prior noticeevidence such Loans.

Notes; Register. (a) The Borrower's obligation to pay the principal of, and interest on, the Term Loans, Revolving Loans and Converted Term Loans made to it by each Bank shall, except as provided in Sections 1.14 and 12.04, shall be evidenced (i) if Term Loans, by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A B-1 hereto with blanks appropriately completed in conformity herewith (each, each a "Term Note" andand collectively the "Term Notes") and (ii) if Revolving Loans or Converted Term Loans, collectivelyby a promissory note substantially in the form of Exhibit B-2 hereto with blanks appropriately completed in conformity herewith (each a "Revolving/Converted Term Note" and collectively the "Revolving/Converted Term Notes" and together with the Term Notes, the "Notes"). (b) The Term Note issued to each Bank shall: shall (i) be executed by the Borrower, (ii) be payable to the order of such Bank and be dated the Restatement Effective Date; , (iiiii) be in a stated principal amount equal to the Commitment of initial Term Loans made by such Bank and be payable in the principal amount of the Revolving Term Loans evidenced thereby; , (iiiiv) mature on the Term Loan Maturity Date; and , (ivv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to mandatory repayment as provided in Section 3.02 and (vii) be entitled to the benefits of this Agreement and the other Credit Documents. (c) Each The Revolving/Converted Term Note issued to each Bank will note on its internal records shall (i) be executed by the amount Borrower, (ii) be payable to the order of each Loan made by it such Bank and each payment be dated the Second Restatement Effective Date, (iii) be in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding a stated principal amount of equal to the Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect Loan Commitment of such Revolving Loans. (d) The Payments Administrator shall maintain at the Payments Administrator's Office a register for the recordation of the names Bank and addresses of the Banks, the Commitments of the Banks from time to time, and be payable in the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to timeor Converted Term Loans, together with as the maturity and interest rates applicable to each such Competitive Bid Loan and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposescase may be, absent manifest error. The Register shall be available for inspection by the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior notice.evidenced thereby,

Notes; Register. (a) The Borrower's obligation to pay the --------------- principal of, and interest on, the Revolving Loans made to it by each Bank shall, except as provided in Sections 1.14 and 12.04, shall be evidenced by a promissory prom issory note duly executed and delivered by the Borrower substantially in the form of Exhibit A B, with blanks appropriately completed in conformity herewith (each, a "Note" and, collectively, the "Notes"). (b) The Note issued to each Bank shall: shall (i) be payable to the order of such Bank and be dated the Restatement Effective Date; , (ii) be in a stated principal amount equal to the Commitment of such Bank and be payable in the principal amount of the Revolving Loans evidenced thereby; , (iii) mature on the Final Maturity Date; and , (iv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (v) be subject to mandatory repayment as provided in Section 4.02 and (vi) be entitled to the benefits of this Agreement and the other Credit Documents. (c) Each Bank will note on its internal records the amount of each Loan made by it and each payment in respect thereof and will will, prior to any transfer of any of its Note Notes, endorse on the reverse side thereof the outstanding principal amount of Revolving Loans evidenced thereby and the last date or dates on which interest has been paid in respect of the Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans, or affect the validity of such transfer by any Bank of such Note. (d) The Payments Administrator Administrative Agent shall maintain at the Payments Administrator's its Payment Office a register for the recordation of the names and addresses of the Banks, the Commitments of the Banks from time to time, and the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to time, time together with the maturity and interest rates applicable to each such Competitive Bid Loan Loan, and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior notice.

Notes; Register. (a) The Borrower's obligation to pay the --------------- principal of, and interest on, the Revolving Loans made by each Bank shall, except as provided in Sections 1.14 and 12.04, be evidenced by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit A with blanks appropriately completed in conformity herewith (each, a "Note" and, collectively, the "Notes"). (b) The Note issued to each Bank shall: (i) be payable to the order of such Bank and be dated the Effective Date; (ii) be in a stated principal amount equal to the Commitment of such Bank and be payable in the principal amount of the Revolving Loans evidenced thereby; (iii) mature on the Maturity Date; and (iv) bear interest as provided in the appropriate clause of Section 1.09 in respect of the Reference Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby. (c) Each Bank will note on its internal records the amount of each Loan made by it and each payment in respect thereof and will prior to any transfer of its Note endorse on the reverse side thereof the outstanding principal amount of Revolving Loans evidenced thereby. Failure to make any such notation or any error in any such notation shall not affect the Borrower's obligations in respect of such Revolving Loans. (d) The Payments Administrator shall maintain at the Payments Administrator's Office a register for the recordation of the names and addresses of the Banks, the Commitments of the Banks from time to time, and the principal amount of the Revolving Loans and Competitive Bid Loans owing to each Bank from time to time, together with the maturity and interest rates applicable to each such Competitive Bid Loan and other terms applicable thereto (the "Register"). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error. The Register shall be available for inspection by the Borrower or any Bank at any reasonable time and from time to time upon reasonable prior notice.