Notes; Register. (i) At the request of any Lender, the Revolving Credit Loans made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-1, dated the Closing Date, payable to such Lender and otherwise duly completed. (ii) At the request of any Lender, the Tranche A Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-2, dated the Closing Date, payable to such Lender and otherwise duly completed. (iii) At the request of any Lender, the Tranche A-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-3, dated the Closing Date, payable to such Lender and otherwise duly completed. (iv) At the request of any Lender, the Tranche B Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-4, dated the Closing Date, payable to such Lender and otherwise duly completed. (v) At the request of any Lender, the Tranche C Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-5, dated the Closing Date, payable to such Lender and otherwise duly completed. (vi) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent shall be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-6, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed. (b) The date, amount, Type, interest rate and duration of the Interest Period (if applicable) of each Loan of each Class made by each Lender to Borrower or PR Borrower (as the case may be), and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Lender on the schedule attached to such Note or any continuation thereof; provided, however, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note. (c) Borrower and PR Borrower hereby designate Administrative Agent to serve as their agent, solely for purposes of this Section 2.08, to maintain a register (the "Register") on which it will record the name and address of each Lender, the Commitment from time to time of each of the Lenders, the principal amount of the Loans made by each of the Lenders and each repayment in respect of the principal amount of the Loans of each Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes of this Agreement and the other Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by Borrower, PR Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.
Appears in 1 contract
Notes; Register. (i) At the request of any Lender, the Revolving Credit Loans made by such Lender may be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-1A-1A or Exhibit A-1B, as applicable, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iii) At the request of any Lender, the Tranche A Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-2, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iii) At the request of any Lender, the Tranche A-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-3, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iv) At the request of any Lender, the Tranche B Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-4, dated the Closing Date, payable to such Lender and otherwise duly completed.
(v) At the request of any Lender, the Tranche C Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-5, dated the Closing Date, payable to such Lender and otherwise duly completed.
(viii) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent the Swing Loan Lender shall be evidenced by one or more promissory notes of Borrower and and/or PR Borrower, substantially in the form of Exhibit A-6A-3, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed.
(b) The date, amount, Type, interest rate and duration of the Interest Period (if applicable) of each Loan of each Class made by each Lender to Borrower or PR Borrower (as the case may be), and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Lender on the schedule attached to such Note or any continuation thereof; provided, however, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note.
(c) Borrower and PR Borrower hereby designate Administrative Agent to serve as their agent, solely for purposes of this Section 2.08, to maintain a register (the "Register") on which it will record the name and address of each Lender, the Commitment Commitments from time to time of each of the Lenders, the principal amount of the Loans made by each of the Lenders and each repayment in respect of the principal amount of the Loans of each Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes of this Agreement and the other Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by Borrower, PR Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.
Appears in 1 contract
Sources: Credit Agreement (Centennial Communications Corp /De)
Notes; Register. (i) At the request of any Lender, the Revolving Credit Loans made by such Revolving Credit Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-1, dated the Closing Date, payable to such Lender and otherwise duly completed.
(ii) At the request of any Lender, the Tranche A Term Loans made or to be made by such Tranche A Term Loan Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-2, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iii) At the request of any Lender, the Tranche A-PR B Term Loans made or to be made by such Tranche B Term Loan Lender may shall be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-3, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iv) At the request of any Lender, the Tranche B C Term Loans made or to be made by such Tranche C Term Loan Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-4, dated the Closing Date, payable to such Lender and otherwise duly completed.
(v) At the request of any Lender, the Tranche C Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-5, dated the Closing Date, payable to such Lender and otherwise duly completed.
(vi) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent shall be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-6A-5, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed.
(b) The date, amount, Type, interest rate and duration of the Interest Period (if applicable) of each Loan of each Class made by each Lender to Borrower or PR Borrower (as the case may be)Borrower, and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Lender on the schedule attached to such Note or any continuation thereof; provided, however, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note.
(c) Borrower and PR Borrower hereby designate designates Administrative Agent to serve as their its agent, solely for purposes of this Section 2.08, to maintain a register (the "Register") on which it will record the name and address of each Lender, the Commitment from time to time of each of the Lenders, the principal amount of the Loans made by each of the Lenders and each repayment in respect of the principal amount of the Loans of each Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, Administrative Agent and the Lenders shall treat each Person ▇▇▇▇ ▇▇rson whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes of this Agreement and the other Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by Borrower, PR Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.
Appears in 1 contract
Sources: Credit Agreement (Pricellular Corp)
Notes; Register. (i) At the request of any Lender, the Revolving Credit Loans made by such Revolving Credit Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit EXHIBIT A-1, dated the Closing Date, payable to such Lender and otherwise duly completed.
(ii) At the request of any Lender, the Tranche A B Term Loans made or to be made by such Tranche B Term Loan Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit EXHIBIT A-2, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iii) At the request of any Lender, the Tranche A-PR C Term Loans made or to be made by such Tranche C Term Loan Lender may shall be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit EXHIBIT A-3, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iv) At the request of any the Swing Loan Lender, the Tranche B Term Swing Loans made or to be made by such the Swing Loan Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit EXHIBIT A-4, dated the Closing Date, payable to such Lender and otherwise duly completed.
(v) At the request of any Lender, the Tranche C Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-5, dated the Closing Date, payable to such Lender and otherwise duly completed.
(vi) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent shall be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-6, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed.
(b) The date, amount, Type, interest rate and duration of the Interest Period (if applicable) of each Loan of each Class made by each Lender to Borrower or PR Borrower (as the case may be)Borrower, and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Lender on the schedule attached to such Note or any continuation thereof; providedPROVIDED, howeverHOWEVER, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note.
(c) Borrower and PR Borrower hereby designate designates the Administrative Agent to serve as their its agent, solely for purposes of this Section 2.08, to maintain a register (the "RegisterREGISTER") on which it will record the name and address of each Lender, the Commitment from time to time of each of the Lenders, the principal amount of the Loans made by each of the Lenders and each repayment in respect of the principal amount of the Loans of each Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, the Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes of this Agreement and the other Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by Borrower, PR Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.
Appears in 1 contract
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 be evidenced (i) At the request of any Lenderif Term Loans, the Revolving Credit Loans made by such Lender may be evidenced by one or more a promissory notes of Borrower, note substantially in the form of Exhibit A-1, dated B-1 hereto with blanks appropriately completed in conformity herewith (each a "Term Note" and collectively the Closing Date, payable to such Lender "Term Notes") and otherwise duly completed.
(ii) At the request of any Lenderif Revolving Loans or Converted Term Loans, the Tranche A Term Loans made or to be made by such Lender may be evidenced by one or more a promissory notes of Borrower, note substantially in the form of Exhibit A-2, dated B-2 hereto with blanks appropriately completed in conformity herewith (each a "Revolving/Converted Term Note" and collectively the Closing Date, payable to such Lender "Revolving/Converted Term Notes" and otherwise duly completed.
(iii) At together with the request of any LenderTerm Notes, the Tranche A-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-3, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iv) At the request of any Lender, the Tranche B Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-4, dated the Closing Date, payable to such Lender and otherwise duly completed.
(v) At the request of any Lender, the Tranche C Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-5, dated the Closing Date, payable to such Lender and otherwise duly completed.
(vi) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent shall be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-6, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed"Notes").
(b) The dateTerm Note issued to each Bank shall (i) be executed by the Borrower, amount(ii) be payable to the order of such Bank and be dated the Restatement Effective Date, Type, interest rate (iii) be in a stated principal amount equal to the initial Term Loans made by such Bank and duration be payable in the principal amount of the Interest Period Term Loans evidenced thereby, (if applicableiv) mature on the Term Loan Maturity Date, (v) bear interest as provided in the appropriate clause of each Loan Section 1.09 in respect of each Class made by each Lender to Borrower or PR Borrower (the 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 each payment made on account of (vii) be entitled to the principal thereof, shall be recorded by such Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Lender on the schedule attached to such Note or any continuation thereof; provided, however, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note.
(c) Borrower and PR Borrower hereby designate Administrative Agent to serve as their agent, solely for purposes of this Section 2.08, to maintain a register (the "Register") on which it will record the name and address of each Lender, the Commitment from time to time of each of the Lenders, the principal amount of the Loans made by each of the Lenders and each repayment in respect of the principal amount of the Loans of each Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes benefits of this Agreement and the other Credit Documents.
(c) The Revolving/Converted Term Note issued to each Bank shall (i) be executed by the Borrower, notwithstanding any notice (ii) be payable to the contrary. The Register shall order of such Bank and be available for inspection by Borrowerdated the Second Restatement Effective Date, PR Borrower (iii) be in a stated principal amount equal to the Revolving Loan Commitment of such Bank and be payable in the principal amount of the Revolving Loans or any Lender at any reasonable time and from time to time upon reasonable prior notice.Converted Term Loans, as the case may be, evidenced thereby,
Appears in 1 contract
Notes; Register. (ia) At the request of any Lender, the The Revolving Credit Loans made or to be made by such each Revolving Credit Lender may shall be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-1, dated the Closing Date, payable to such Revolving Credit Lender and otherwise duly completed.
(iib) At the request of any Lender, the Tranche A Term The Swing Loans made or to be made by such Lender may Fleet National Bank shall be evidenced by one or more a single promissory notes note of Borrower, Borrower substantially in the form of Exhibit A-2, dated the Closing Date, payable to such Lender Fleet National Bank and otherwise duly completed.
(iii) At the request of any Lender, the Tranche A-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-3, dated the Closing Date, payable to such Lender and otherwise duly completed.
(iv) At the request of any Lender, the Tranche B Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-4, dated the Closing Date, payable to such Lender and otherwise duly completed.
(v) At the request of any Lender, the Tranche C Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-5, dated the Closing Date, payable to such Lender and otherwise duly completed.
(vi) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent shall be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-6, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed.
(bc) The date, amount, Type, interest rate and duration of the Interest Period (if applicable) of each Loan of each Class made by each Revolving Credit Lender to Borrower or PR Borrower (as the case may be)Borrower, and each payment made on account of the principal thereof, shall be recorded by such Revolving Credit Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Revolving Credit Lender on the schedule attached to such Note or any continuation thereof; provided, however, that the failure of such Revolving Credit Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note.
(cd) Borrower and PR Borrower hereby designate designates the Administrative Agent to serve as their Borrower’s agent, solely for purposes of this Section 2.082.9, to maintain a register (the "“Register"”) on which it will record the name and address of each Revolving Credit Lender, the Revolving Credit Commitment from time to time of each of the Revolving Credit Lenders, the principal amount of the Loans made by each of the Revolving Credit Lenders and each repayment in respect of the principal amount of the Loans of each Revolving Credit Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's ’s obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, the Administrative Agent and the Revolving Credit Lenders shall treat each Person whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes of this Agreement and the other Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by Borrower, PR Borrower or any Revolving Credit Lender at any reasonable time and from time to time upon reasonable prior notice.
Appears in 1 contract
Notes; Register. (i) At the request of any Lender, the Revolving Credit Loans made by such Lender may be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-1, dated the Original Closing Date or the Effectiveness Date, as applicable, payable to such Lender and otherwise duly completed.
(ii) At the request of any Lender, the Tranche A Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of Borrower, substantially in the form of Exhibit A-2, dated the Original Closing Date, payable to such Lender and otherwise duly completed.
(iii) At the request of any Lender, the Tranche A-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-3, dated the Original Closing Date, payable to such Lender and otherwise duly completed.
(iv) At the request of any Lender, the Tranche B B-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-4, dated the Closing Effectiveness Date, payable to such Lender and otherwise duly completed.
(v) At the request of any Lender, the Tranche C C-PR Term Loans made or to be made by such Lender may be evidenced by one or more promissory notes of PR Borrower, substantially in the form of Exhibit A-5, dated the Closing Effectiveness Date, payable to such Lender and otherwise duly completed.
(vi) At the request of the Swing Loan Lender, the Swing Loans made by Administrative Agent shall be evidenced by one or more promissory notes of Borrower and PR Borrower, substantially in the form of Exhibit A-6, dated the Closing Date, payable to the Swing Loan Lender and otherwise duly completed.
(b) The date, amount, Type, interest rate and duration of the Interest Period (if applicable) of each Loan of each Class made by each Lender to Borrower or PR Borrower (as the case may be), and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and, prior to any transfer of any Note evidencing the Loans of such Class held by it, endorsed by such Lender on the schedule attached to such Note or any continuation thereof; provided, however, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of Borrower or PR Borrower (as the case may be) to make a payment when due of any amount owing hereunder or under such Note.
(c) Borrower and PR Borrower hereby designate Administrative Agent to serve as their agent, solely for purposes of this Section 2.08, to maintain a register (the "Register") on which it will record the name and address of each Lender, the Commitment from time to time of each of the Lenders, the principal amount of the Loans made by each of the Lenders and each repayment in respect of the principal amount of the Loans of each Lender. Failure to make any such recordation or any error in such recordation shall not affect Borrower's or PR Borrower's obligations in respect of such Loans. The entries in the Register shall be conclusive, in the absence of manifest error, and Borrower, PR Borrower, Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owner of a Loan or other obligation hereunder as the owner thereof for all purposes of this Agreement and the other Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by Borrower, PR Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.
Appears in 1 contract
Sources: Reaffirmation Agreement (Centennial Communications Corp /De)