Notes. (a) Any Bank may request that the Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 6 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) Any Bank may request that the The Loans of such each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to the Borrower.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 6 contracts
Sources: Credit Agreement (Nortel Networks Corp), Credit Agreement (Nortel Networks LTD), Credit Agreement (Nortel Networks LTD)
Notes. (a) Any Bank may Promptly following the request that of any Lender, the Term Loans of made by such Bank Lender shall be evidenced by a single Note payable to duly executed on behalf of the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansBorrower.
(b) Each Bank that has requested that its Loans be evidenced Lender is hereby authorized by a Note may, by notice to the Borrower to endorse on a schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the date and amount of each Term Loan from such Lender, each payment and prepayment of principal of any such Term Loan, each payment of interest on any such Term Loan and the Administrative Agentother information provided for on such schedule; provided, request however, that its Loans the failure of any Lender to make such a particular Type be evidenced by a separate Note in an amount equal to notation or any error therein shall not affect the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans obligation of the relevant Type. Each reference Borrower to repay the Term Loans made by such Lender in accordance with the terms of this Agreement to and the "Note" of such Bank shall be deemed to refer to and include any or all of such applicable Notes, as the context may require.
(c) Upon receipt of each Bank's an affidavit and indemnity of a Lender as to the loss, theft, destruction or mutilation of such Lender’s Note pursuant to Section 3.01(b)and upon cancellation of such Note, the Administrative Agent shall forward Borrower will promptly issue, in lieu thereof, a replacement Note in favor of such Note to Lender, in the same principal amount thereof and otherwise of like tenor at such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredLender’s expense.
Appears in 6 contracts
Sources: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 6 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) Any Bank may Each Lender may, by notice to the Company and the Agent, request (i) that the its Loans of such Bank to any Borrower be evidenced by a single Note of such Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
Lender’s Loans to such Borrower or (bii) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type or currency to any Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant TypeType or currency. Each reference in this Agreement to the "Note" “Notes” of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank Lender shall record the date, amount, type Type, currency and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower Borrowers so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 5 contracts
Sources: Credit Agreement (Johnson Controls Inc), Credit Agreement (Johnson Controls Inc), Credit Agreement (Johnson Controls Inc)
Notes. (a) Any Bank may request that the The Loans of such Bank made by each Lender shall be evidenced by a single Note of the Company (each a "NOTE") in substantially the form of Exhibit A hereto, dated the Closing Date, payable to the order of such Bank for the account of its Applicable Lending Office Lender in an amount equal to the aggregate unpaid principal amount of such BankLender's Loans.
(b) Loans and otherwise duly completed. Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular Class or Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Class or Type. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record Lender is hereby authorized by the Company to endorse on the schedule (or a continuation thereof) attached to each Note of such Lender, to the extent applicable, the date, amount, type amount and maturity Class or Type of and the Interest Period (if any) for each Loan made by it such Lender to the Company hereunder, and the date and amount of each payment or prepayment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; received by such Lender, provided that the any failure of any Bank by such Lender to make any such recordation endorsement or any error in such endorsement shall not affect the obligations of the Borrower Company under such Note or hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part in respect of its Note a continuation of any such schedule as and when requiredLoan.
Appears in 5 contracts
Sources: Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/)
Notes. (a) Any Bank may request that the The Revolving Credit Loans of such Bank made by each Lender shall be evidenced by a single Note promissory note executed and delivered by the applicable Borrower at the request of such Lender, substantially in the form of Exhibit B-1, with appropriate insertions as to payee and date (a “Revolving Credit Note”), payable to the order of such Bank for the account of its Applicable Lending Office Lender in an a principal amount equal to the aggregate unpaid principal amount of all Revolving Credit Loans made by such Bank's Loans.
(b) Each Bank that has requested that its Lender. The Competitive Loans made by each Lender shall be evidenced by a Note may, promissory note executed and delivered by notice to Kimco at the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be Lender, substantially in substantially the form of Exhibit A hereto B-2, with appropriate modifications insertions as to reflect payee and date (a “Competitive Loan Note”), payable to the fact that it evidences solely Loans order of the relevant Typesuch Lender. Each reference in this Agreement Lender is hereby authorized to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notesrecord, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)applicable, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity amount of each Revolving Credit Loan or Competitive Loan made by it and such Lender, each continuation thereof, each conversion of all or a portion thereof to another Type, the date and amount of each payment or prepayment of principal made by thereof and, in the Borrower case of Fixed Rate Loans and Eurocurrency Loans, the length of each Interest Period with respect thereto and, in the case of Money Market Loans, the Money Market Loan Maturity Date with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming (including any continuation thereof) annexed to and constituting a part thereof appropriate notations to of its Revolving Credit Note or Competitive Loan Note, as the case may be, and any such recordation shall constitute prima facie evidence of the foregoing accuracy of the information with respect to each such Loan then outstandingso recorded; provided that the failure of by any Bank Lender to make any such recordation or endorsement any error in such recordation shall not affect the obligations of the any Borrower hereunder under this Agreement or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 5 contracts
Sources: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 5 contracts
Sources: Credit Agreement (K N Energy Inc), Credit Agreement (Westvaco Corp), Credit Agreement (Meadwestvaco Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement or any error in making the same shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 4 contracts
Sources: Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/)
Notes. (a) Any Each Bank may may, by notice to the Borrower and the Administrative Agents, request (i) that the its Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
’s Loans or (bii) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be promptly furnished to the requesting Bank and shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 4 contracts
Sources: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such Bank each Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its Base Rate Loans, its Euro-Dollar Loans of a particular Type or its Money Market Loans be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto hereto, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype of Loans. Each reference in this Agreement to the a "Note" or the "Notes" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankLender's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan evidenced thereby then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder under this Agreement or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 4 contracts
Sources: Credit Agreement (Tenet Healthcare Corp), 364 Day Credit Agreement (Tenet Healthcare Corp), 364 Day Credit Agreement (Tenet Healthcare Corp)
Notes. (a) Any Bank Party may request that the Loans and/or L/C Borrowings of such Bank be evidenced by a single Note payable to the order of such Bank Party for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansBank Party’s Loans and/or L/C Borrowings.
(b) Each Bank Party that has requested that its Loans and/or L/C Borrowings be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans and/or L/C Borrowings of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansLoans and/or L/C Borrowings. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans and/or L/C Borrowings of the relevant Type. Each reference in this Agreement to the "“Note" ” of such Bank Party shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Bank Party’s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankBank Party. Each Bank Party shall record the date, amount, type and maturity of each Loan and/or L/C Borrowings made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Party so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan and/or L/C Borrowings then outstanding; provided that the failure of any Bank Party to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank Party is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (United Asset Management Corp), Credit and Reimbursement Agreement (Usf&g Corp), Credit Agreement (Mallinckrodt Group Inc)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (Thomas & Betts Corp), 364 Day Credit Agreement (Thomas & Betts Corp), Credit Agreement (Thomas & Betts Corp)
Notes. (a) Any Bank may request that the Each Bank’s Loans of such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: 364 Day Credit Agreement (Target Corp), Credit Agreement (Target Corp), 364 Day Credit Agreement (Target Corp)
Notes. (a) Any Bank may request that the Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it it, and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Financing Document. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (Western Atlas Inc), Credit Agreement (Unova Inc), Credit Agreement (Western Atlas Inc)
Notes. (a) Any Bank may request that If a Lender so requests in writing, the Borrower’s obligation to repay the Loans of such Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower’s obligation to repay such Lender’s Loans of a particular Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant TypeType or Class. Each reference in this Agreement to the "“Note" ” of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Promptly after it receives any Lender’s Note pursuant to Section 3.01(b)Article 3, the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender’s failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower’s obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co)
Notes. (a) Any Unless otherwise requested by a Bank, any Loans made by each Bank may request that the Loans of such Bank under this Agreement shall be evidenced by, and repaid with interest in accordance with, a promissory note of Borrower in the form of EXHIBIT B duly completed and executed by Borrower, in a single Note principal amount equal to such Bank’s Loan Commitment, payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal (each such note, as the same may hereafter be amended, modified, extended, severed, assigned, substituted, renewed or restated from time to the aggregate unpaid principal amount of such time, including any substitute note pursuant to Section 3.07 or 12.05, a “Term Loan Note”). A particular Bank's Loans.
(b’s Term Loan Note(s) Each Bank that has requested that its Loans be evidenced by a Note may, by notice is also collectively referred to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement as such Bank’s “Note”; all such Term Loan Notes and interests are referred to collectively in this Agreement as the "Note" of such Bank “Notes”. The Term Loans shall mature, and all outstanding principal and accrued interest and other Obligations shall be deemed to refer to and include any or all of such Notespaid in full, on the Maturity Date, as the context same may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower be accelerated in accordance with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notesthis Agreement. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its on the schedule attached to the Term Loan Note held by it or on any accounts maintained by it, the amount of each advance, and to attach to and make a part each payment of principal received by such Bank for the account of its Note a continuation Applicable Lending Office(s) on account of its Loans, which endorsement shall, in the absence of manifest error, be conclusive as to the outstanding balance of the Loans made by such Bank. The failure by Administrative Agent or any Bank to make such schedule as and when requirednotations with respect to the Loans or each advance or payment shall not limit or otherwise affect the obligations of Borrower under this Agreement or the Notes.
Appears in 3 contracts
Sources: Term Loan Agreement (Vornado Realty Lp), Term Loan Agreement (Vornado Realty Trust), Term Loan Agreement (Vornado Realty Lp)
Notes. (a) Any Bank may request that the The Tranche A Loans of such Bank shall be evidenced by a single Note the Tranche A Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansTranche A Commitment.
(b) Each Bank that has requested that its The Tranche B Loans shall be evidenced by a Note the Tranche B Notes, each of which shall be payable to the order of each Bank for the account of its Applicable Lending Office in an amount equal to each such Bank's Tranche B Commitment.
(c) Each Bank may, by notice to the Borrower Borrowers and CarrAmerica LP and the Administrative Lead Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as applicable, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cd) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a) or (b), the Administrative Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the either Borrower or CarrAmerica LP with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Borrowers hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Borrowers and CarrAmerica LP so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(e) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)
Notes. (a) Any Bank Lender may request that the Loans of such Bank made by it be evidenced by a single Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Bank for the account of its Applicable Lending Office Lender and substantially in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 or Exhibit A-2, as applicable, dated, in the case of (i) any Initial Term Lender party hereto with appropriate modifications to reflect the fact that it evidences solely Loans as of the relevant Type. Each reference in date of this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such NotesAgreement, as of the context may require.
date of this Agreement, (cii) Upon receipt any Delayed Draw Term Lender, as of each Bank's Note the funding date of any Delayed Draw Term Loans, or (iii) any Lender that becomes a party hereto pursuant to Section 3.01(b)an Assignment and Assumption, as of the Administrative Agent shall forward such Note to such Bankeffective date of the Assignment and Assumption. Each Bank shall record the The date, amount, type amount and maturity interest rate of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect theretoLender, and mayall payments made on account of the principal thereof, if shall be recorded by such Bank so elects in connection with any transfer or enforcement of Lender on its books for its Note, endorse and, prior to any transfer, may be endorsed by such Lender on the a schedule forming a part attached to such Note or any continuation thereof appropriate notations to evidence the foregoing information with respect to each or on any separate record maintained by such Loan then outstanding; provided that the failure of any Bank Lender. Failure to make any such recordation notation or endorsement to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized validity of such transfer by the Borrower so to endorse its Note and to attach to and make a part any Lender of its Note a continuation of any such schedule as and when requiredNote.
Appears in 3 contracts
Sources: Senior Secured Credit Agreement (Battalion Oil Corp), Senior Secured Credit Agreement (Battalion Oil Corp), Senior Secured Credit Agreement (Battalion Oil Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b4.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Primex Technologies Inc), Credit Agreement (Primex Technologies Inc)
Notes. (a) Any Bank may request that The Borrower's obligation to pay the principal of, and interest on, the Loans of such made by each Bank shall be evidenced (i) if Revolving Loans, by promissory notes duly executed and delivered by the Borrower substantially in the form of Exhibit B-1, with blanks appropriately completed (each a "Revolving Note" and, collectively, the "Revolving Notes") and (ii) if Swing Loans, by a single Note payable to promissory note duly executed and delivered by the order Borrower substantially in the form of such Bank for Exhibit B-2, with blanks appropriately completed (the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans"Swing Note").
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note Notes to such the appropriate Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan the respective Loans made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan Loans then outstandingoutstanding under such Note; provided provided, that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Alliance Data Systems Corp)
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Lead Agent, request that its Loans of a particular Type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 hereto with respect to the Swing Lender and Exhibit A-2 ----------- ----------- hereto and with respect to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer ---- to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Cabot Corp), Revolving Credit Agreement (Cabot Industrial Trust)
Notes. (a) Any Bank may request that the The Syndicated Loans of such each Bank shall be evidenced by a single Syndicated Loan Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's LoansCommitment.
(b) Each The Money Market Loans made by any Bank that has requested that its Loans to the Borrower shall be evidenced by a single Money Market Loan Note may, by notice payable to the Borrower and order of such Bank for the Administrative Agent, request that account of its Loans of a particular Type be evidenced by a separate Note Lending Office in an amount equal to the aggregate unpaid original principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireaggregate Commitments.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Springs Industries Inc), Credit Agreement (Flowers Industries Inc /Ga)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative AgentAgent (to be given not later than two Domestic Business Days prior to the first Borrowing), request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, thereto and may, if such Bank so elects in connection with at its option prior to any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Praxair Inc), Credit Agreement (Px Acquisition Corp)
Notes. (a) Any Bank may request that If a Lender so requests in writing, the Borrower's obligation to repay the Loans of such Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant TypeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankPromptly after it receives any Lender's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Petrochemical Co)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b4.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Valero Energy Corp), Credit Agreement (Valero Energy Corp/Tx)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Ace LTD), Credit Agreement (Score Acquisition Corp)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Guidant Corp), Credit Agreement (Guidant Corp)
Notes. (a) Any The Competitive Loans made to the Company by each Bank may request that the Loans of such Bank shall be evidenced by a single Competitive Note duly executed on behalf of the Company, dated the Effective Date, in substantially the form attached hereto as Exhibit D-1, with the blanks appropriately filled, payable to the order of such Bank for the account of its Applicable Lending Office in an a principal amount equal to the aggregate unpaid outstanding principal amount of all Competitive Loans made by such Bank's Loans.
(b) Each Bank that has requested that its to the Company. The Standby Loans made to the Company by each Bank shall be evidenced by a single Standby Note mayduly executed on behalf of the Company, by notice dated the Effective Date, in substantially the form attached hereto as Exhibit D-2, with the blanks appropriately filled, payable to the Borrower and the Administrative Agent, request that its Loans order of such Bank in a particular Type be evidenced by a separate Note in an principal amount equal to the aggregate unpaid outstanding principal amount of all Standby Loans made by such LoansBank to the Company. The outstanding principal balance of each Competitive Loan and Standby Loan, as evidenced by the relevant Note, shall be payable on the last day of the Interest Period applicable to such Loan. Each such Note shall be bear interest from the date thereof on the outstanding principal balance thereof as set forth in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank2.09. Each Bank shall shall, and is hereby authorized by the Company to, endorse on the schedule attached to the relevant Note held by such Bank or on a continuation thereof or otherwise record the date, amount, type and maturity of each Loan made by it and in its internal records an appropriate notation evidencing the date and amount of each Competitive Loan or Standby Loan, as applicable, of such Bank, each payment or prepayment of principal made by the Borrower with respect theretoof any such Competitive Loan or Standby Loan, as applicable, and maythe other information provided for on such schedule; provided, if such Bank so elects in connection with any transfer or enforcement of its Notehowever, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make such a notation or any such recordation or endorsement error therein shall not in any manner affect the obligations obligation of the Borrower hereunder Company to repay the Competitive Loans or under Standby Loans, as applicable, made by such Bank in accordance with the Notes. Each Bank is hereby irrevocably authorized by terms of the Borrower so to endorse its relevant Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredthis Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Cummins Engine Co Inc), Credit Agreement (Cummins Engine Co Inc)
Notes. (a) Any Bank may request that the Each Bank's Loans of such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Target Corp), 364 Day Credit Agreement (Target Corp)
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Lead Agent, request that its Loans of a particular Type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 ----------- hereto with respect to the Swing Lender and Exhibit A-2 hereto and with respect ----------- to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of ---- such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation -------- or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp), Revolving Credit Agreement (Cabot Industrial Trust)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(d), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Annual Report, Credit Agreement (Cabot Corp)
Notes. (a) Any Bank may request that the The Tranche A Loans, Tranche B Loans and Tranche C Loans of such each Bank shall each be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Tranche A Loans, Tranche B Loans and Tranche C Loans, as the case may be. Each reference in this Agreement to the "Notes" of a Bank shall be deemed to refer to and include any or all of the Notes of such Bank described in this Section, as the context may require.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Tranche A Loans, Tranche B Loans and Tranche C Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b3.01(a), the Administrative Documentation Agent shall forward such Note Notes to such Bank. Each Bank shall record the date, amount, type amount and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect theretothereto on the appropriate Note, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingoutstanding thereunder; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Term Credit Agreement (American Mobile Satellite Corp), Revolving Credit Agreement (American Mobile Satellite Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Textron Financial Corp), 364 Day Credit Agreement (Textron Financial Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note made by the Borrower or any Qualified Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type (including Swingline Loans and Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A A-2 hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Upon the execution and delivery of any such Note, any existing Note payable to such Bank shall be replaced or modified accordingly. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower or the applicable Qualified Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower or applicable Qualified Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower and each Qualified Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.18(b)(iii).
(e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date.
(f) There shall be no more than fifteen (15) (twenty (20) in the event Borrower exercises its option to increase the Commitments under Section 2.1(b)) Euro-Dollar Groups of Loans and Money Market Loans outstanding at any one time, of which, no more than five (5) Euro-Dollar Groups of Loans may be Alternate Currency Loans with Interest Periods of less than one (1) month.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Equity Residential), Revolving Credit Agreement (Erp Operating LTD Partnership)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after receiving each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Ultramar Diamond Shamrock Corp), Loan Agreement (Ultramar Diamond Shamrock Corp)
Notes. (a) Any Bank may request that the The Loans of such Bank made by each Lender shall be evidenced by a single Note promissory note of the Borrower in substantially the form of Exhibit A, dated (i) the Closing Date or (ii) the effective date of an Assignment pursuant to Section 12.06(b) or an Additional Lender or increase by an existing Lender pursuant to Section 12.06(h), as applicable, payable to the order of such Bank for the account of its Applicable Lending Office Lender in an a principal amount equal to the aggregate unpaid principal amount of its Maximum Revolving Credit Amount as originally in effect and otherwise duly completed and such Bank's Loans.
(bsubstitute Notes as required by Sections 12.06(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes12.06(h), as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bankapplicable. Each Bank shall record the The date, amount, type Type, interest rate and maturity Interest Period of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect theretoLender, and mayall payments made on account of the principal thereof, if shall be recorded by such Bank so elects in connection with any transfer or enforcement of Lender on its books for its Note, endorse and, prior to any transfer may be endorsed by such Lender on the schedule forming a part attached to such Note or any continuation thereof appropriate notations to evidence the foregoing information with respect to each or on any separate record maintained by such Loan then outstanding; provided that the failure of any Bank Lender. Failure to make any such recordation notation or endorsement to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. Notwithstanding the aggregate face amount of the Borrower Notes issued from time to time to the order of the respective Lenders, in no event shall the sum of all (i) Loans advanced and outstanding hereunder or under plus (ii) unfunded amounts of unexpired Letters of Credit issued pursuant hereto exceed the Notes. Each Bank is hereby irrevocably authorized by the Borrower so Aggregate Maximum Revolving Credit Amounts in effect from time to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredtime.
Appears in 2 contracts
Sources: Credit Agreement (Arena Resources Inc), Credit Agreement (Arena Resources Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Exchange Debt Facility (Rite Aid Corp), PCS Facility Agreement (Rite Aid Corp)
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Bank Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans’s Commitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Bank Note shall be in substantially the form of Exhibit A hereto A-1 with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "“Bank Note" ” of such Bank shall be deemed to refer to and include any or all of such Bank Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Bank Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Bank Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Bank Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Bank Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Bank Note and to attach to and make a part of its Bank Note a continuation of any such schedule as and when required.
(d) There shall be no more than ten (10) Euro-Dollar Borrowings and Money Market Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)
Notes. (a) Any Bank may request that The Base Rate Loans and the Euro-Dollar Loans of such each Bank shall be evidenced by a single Revolving Credit Note in the amount of its Commitment payable to the order of such Bank for the account of its Applicable Lending Office Office. The Money Market Loans of each Bank, including each Designated Lender, shall be evidenced by a single Bid Rate Note in an the amount equal of $125,000,000, payable to the aggregate unpaid principal amount order of such Bank's LoansBank for the account of its Applicable Lending Office.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type (including Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A A-2 hereto (or in the case of a Money Market Loan, in substantially the form of Exhibit A-1 hereto) with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Upon the execution and delivery of any such Note, any existing Note payable to such Bank shall be replaced or modified accordingly. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date.
(e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) the last day of the Interest Period applicable to such Money Market Borrowing or (ii) the Maturity Date.
(f) There shall be no more than ten (10) Euro-Dollar Groups of Loans outstanding at any one time.
Appears in 2 contracts
Sources: Credit Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Smith Charles E Residential Realty Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Class and/or Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Class and/or Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.02, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Loan Document. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note or Notes and to attach to and make a part of its Note or Notes a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such Bank each Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each BankLender's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Marvel Enterprises Inc), Credit Agreement (Marvel Enterprises Inc)
Notes. (a) Any Each Bank may may, by notice to the Borrower and the Administrative Agents, request (i) that the its Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
Loans or (bii) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be promptly furnished to the requesting Bank and shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Notes. (a) Any Bank may request that the The Syndicated Loans of such each Bank shall be evidenced by a single Syndicated Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Loans’s Commitment.
(b) Each The Money Market Loans made by any Bank that has requested that its Loans to the Borrower shall be evidenced by a single Money Market Note may, payable to the order of such Bank for the account of its Lending Office.
(c) The Swing Line Loans made by notice the Swing Line Lender to the Borrower and the Administrative Agent, request that its Loans of a particular Type shall be evidenced by a separate single Swing Line Note in an amount equal payable to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans order of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireSwing Line Lender.
(cd) Upon receipt of each Bank's Note ’s Notes pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect theretothereto and whether, in the case of such Bank’s Syndicated Note, such Syndicated Loan is a Base Rate Loan or Euro-Dollar Loan, and may, if such Bank so elects in connection with any transfer or enforcement schedule shall constitute rebuttable presumptive evidence of its Note, endorse the principal amount owing and unpaid on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank’s Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Outback Steakhouse Inc), Credit Agreement (Outback Steakhouse Inc)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Trigon Healthcare Inc), Credit Agreement (Trigon Healthcare Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank (or Designated Lender) shall be evidenced by a single Note payable to the order of such Bank (or Designated Lender) for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's (or Designated Lender's) Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note (or Designated Lender) may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank (or Designated Lender) shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's (or Designated Lender's) Note pursuant to Section 3.01(b) (or Section 9.06(e)), the Administrative Agent shall forward such Note to such BankBank (or Designated Lender). Each Bank (or Designated Lender) shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank (or Designated Lender) to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank (and Designated Lender) is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (American Stores Co /New/), Multi Year Credit Agreement (American Stores Co /New/)
Notes. (a) Any Bank may request that The Administrative Agent shall maintain a register (the Loans "REGISTER") on which it will record the Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be evidenced by presumptively correct, absent manifest error. Failure to make any such recordation, or any error in such recordation, shall not affect any Borrower's obligations hereunder.
(b) The Borrower hereby agrees that, promptly upon the request of any Bank at any time, the Borrower shall deliver to such Bank a single Note Note, in substantially the form of Exhibit A hereto, duly executed by the Borrower and payable to the order of such Bank for and representing the account obligation of its Applicable Lending Office in an amount equal the Borrower to pay the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice made to the Borrower and by such Bank, with interest as provided herein on the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications from time to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requiretime outstanding.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Loan Document. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note or Notes and to attach to and make a part of its Note or Notes a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(d), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Term Loan Agreement (Rite Aid Corp), Term Loan Agreement (Rite Aid Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans at any time.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that neither the failure of by any Bank to make any such recordation or endorsement endorsement, nor any error therein, shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Venator Group Inc)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.Office
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" Note of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Iomega Corp)
Notes. (a) Any Bank may At the request that the of any Bank, its Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each applicable Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans’s Commitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansBank’s Loans of such Class. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as applicable, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant TypeClass for such Bank. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)’s Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.
(d) There shall be no more than twenty (20) ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank to the Borrower shall, upon request of the applicable Bank, be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to the Borrower.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note requested pursuant to Section 3.01(b2.05(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Ck Witco Corp)
Notes. (a) Any Bank may request that the The Syndicated Loans of such each Bank shall be evidenced by a single Syndicated Loan Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's LoansCommitment.
(b) Each The Money Market Loans made by any Bank that has requested that its Loans to the Borrower shall be evidenced by a single Money Market Note may, by notice payable to the Borrower and order of such Bank for the Administrative Agent, request that account of its Loans of a particular Type be evidenced by a separate Note Lending Office in an amount equal to the aggregate unpaid original principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireAggregate Commitments.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes shall constitute rebuttable resumptive evidence of the respective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such Bank each Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such BankLender's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Class or Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Class or Type. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankLender's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with --------- appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank ---- shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided -------- that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be 17 evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the Each Bank's Loans of such Bank each Class shall be evidenced by a single Note (in the form applicable to such Class) payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type and Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A A, B-1 or B-2 hereto applicable to the relevant Class with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note Notes pursuant to clause (b) of Section 3.01(b), the Administrative Agent shall forward such Note Notes to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, thereto and may, if such Bank so elects elects, in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of any of its Note Notes a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank to each Borrower shall, upon request of the applicable Bank, be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to such Borrower.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the a Borrower and the Administrative Agent, request that its Loans of a particular Type type to such Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note requested pursuant to Section 3.01(b2.05(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its NoteNote of any Borrower, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to such Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any In connection with the effectiveness of the Existing Credit Agreement, the Borrower delivered to the Agent, for the account of each Bank, duly executed "Notes" substantially in the form of Exhibit A to the Existing Credit Agreement (collectively, the "Existing Notes") to evidence the "Loans" of each Bank may request that as defined therein. On or prior to the Effective Date, pursuant to Section 3.01(b), the Borrower shall deliver to the Agent, for the account of each Bank, duly executed Notes, substantially in the form of Exhibit A hereto. On the Effective Date, each Bank's Existing Note shall be deemed amended and restated by such duly executed new Note, and each Bank's Existing Note shall be deemed cancelled. From and after the Effective Date, the Loans of such each Bank (whether made under the Existing Credit Agreement, prior thereto or pursuant to this Agreement) shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal Office. Each Bank agrees that it will, promptly after the Effective Date, deliver to the aggregate unpaid principal amount Agent, for cancellation and delivery to the Borrower, its Existing Note (or in the case of loss thereof, a written agreement of indemnity by such Bank for such loss in customary form and executed by such Bank's Loans).
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type Class or type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant TypeClass or type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b2.03(a) or Section 2.03(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Exchange Agreement (Perini Corp)
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Lead Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typehereto. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.1(a) or (b) hereof, the Administrative Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than fifteen (15) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Sources: Revolving Credit Agreement (Carramerica Realty Corp)
Notes. (a) Any Bank may request that the The Term A Loans of such each Bank shall be evidenced by a single Term A Note, the Term B Loans of each Bank shall be evidenced by a Term B Note, the Revolving Loans of each Bank shall be evidenced by a Revolving Note. The current outstanding balance of any Acquisition Loans of each Bank has been incorporated into the balance of and shall be evidenced by the Term A Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such each Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notesthe Notes referred to in the preceding clause (a), as the context may require.
(c) Upon receipt of each Bank's Note Notes pursuant to this Section 3.01(b)2.3, the Administrative Agent shall forward promptly mail or deliver such Note Notes to such Bank. Each Bank shall record on its books, and prior to any transfer of its Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the applicable Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower or any Bank hereunder or under the Notesany other Loan Document. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Lancer Corp /Tx/)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided Provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower CREDIT AGREEMENT, PAGE 11 17 hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Quaker State Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Cone Mills Corp)
Notes. (a) Any Bank may request that The Administrative Agent shall maintain a register (the Loans "REGISTER") on which it will record the Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be evidenced by presumptively correct, absent manifest error. Failure to make any such recordation, or any error in such recordation, shall not affect any Borrower's obligations hereunder.
(b) Each Borrower hereby agrees that, promptly upon the request of any Bank at any time, such Borrower shall deliver to such Bank a single Note Note, in substantially the form of Exhibit A hereto, duly executed by such Borrower and payable to the order of such Bank for and representing the account obligation of its Applicable Lending Office in an amount equal such Borrower to pay the aggregate unpaid principal amount of Loans made to such Borrower by such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to with interest as provided herein on the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications from time to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requiretime outstanding.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amountcurrency, amount (in such currency), type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the such Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Such Bank is hereby irrevocably authorized by the each Borrower so to endorse its any Note of such Borrower and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Allergan Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank to each Borrower shall be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to such Borrower.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the a Borrower and the Administrative Agent, request direct that its Loans of a particular Type be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b) or 3.03(a), the Administrative Agent shall forward send such Note to such Bank. Each Bank shall record the datedate and amount (and, amountin the case of a Money Market Loan, type and maturity the maturity) of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of any of its Note, Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each Loan made by it to such Loan Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Polaroid Corp)
Notes. (a) Any Bank may request that the Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications hereto. Upon the execution and delivery of any such Note, any existing Note payable to reflect the fact that it evidences solely Loans of the relevant Typesuch Bank shall be returned to Borrower and replaced or modified accordingly. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each any Bank's ’s Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Such Bank shall record the date, amount, currency, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower Borrower, with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(c) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date.
(d) There shall be no more than ten (10) Euro-Currency Groups of Loans outstanding at any one time.
Appears in 1 contract
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such Bank each Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant TypeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each BankLender's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Lead Agent, request that its Loans of a particular Type type, including Swing Loans and Money Market Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with respect to the Swing Lender, Designated Lenders and any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.Office
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Iomega Corp)
Notes. (a) Any Bank may request that The Borrower's obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Senior Reducing Revolving Credit Facility (Bellwether Exploration Co)
Notes. (a) Any Bank may request that The Administrative Agent shall maintain a register (the Loans "Register") on which it will record the Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be evidenced by presumptively correct, absent manifest error. Failure to make any such recordation, or any error in such recordation, shall not affect any Borrower's obligations hereunder.
(b) Each Borrower hereby agrees that, promptly upon the request of any Bank at any time, such Borrower shall deliver to such Bank a single Note Note, in substantially the form of Exhibit A hereto, duly executed by such Borrower and payable to the order of such Bank for and representing the account obligation of its Applicable Lending Office in an amount equal such Borrower to pay the aggregate unpaid principal amount of Loans made to such Borrower by such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to with interest as provided herein on the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications from time to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requiretime outstanding.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amountcurrency, amount (in such currency), type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the such Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Such Bank is hereby irrevocably authorized by the each Borrower so to endorse its any Note of such Borrower and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Allergan Inc)
Notes. (a) Any Bank may request that the Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to the Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications G hereto. Upon the execution and delivery of any such Note, any existing Note payable to reflect such Bank shall be returned to the fact that it evidences solely Loans of the relevant TypeBorrower and replaced or modified accordingly. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each any Bank's ’s Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Such Bank shall record the date, amount, currency, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower Borrower, with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(c) The Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date.
(d) There shall be no more than ten (10) Euro-Currency Group of Loans outstanding at any one time.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank to each Borrower shall be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the a Borrower and the Administrative Agent, request that its Loans to such Borrower of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansBorrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b) or 3.03(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the such Borrower with respect theretothereto and, in the case of Money Market Loans denominated in an Alternative Currency, the currency, amount and Dollar Amount of such Loans, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan of such Borrower then outstanding; provided that (and each Borrower understands and agrees that) the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Footstar Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. Prior to the syndication referred to in Section 5.13, the Loans of each Bank shall be evidenced by the Note issued to such Bank under the Original Credit Agreement.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.0 1(b), . the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement or any error in making the same shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Cit Group Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's =s Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "NoteANote" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's =s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement endorsement, or any error in the making thereof, shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(ba) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Documentation Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a)(i), the Administrative Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower any Obligor hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Term Loan Agreement (Ace LTD)
Notes. (a) Any Bank may request that the Loans of such Bank be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitments.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A-1 hereto, as applicable, and with respect to the Swing Lender, ----------- in the form of Exhibit A-2 hereto, with appropriate modifications to reflect ----------- the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and ---- include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided -------- that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than fifteen (15) Euro-Dollar Borrowings outstanding at any one time pursuant ant to this Agreement.
Appears in 1 contract
Sources: Credit Agreement (Ventas Inc)
Notes. (a) Any Bank may request that the The Loans of such Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Lead Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with appropriate --------- modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be ---- deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation -------- or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower Company with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Company so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Quaker State Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank to each Borrower shall be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to such Borrower.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the a Borrower and the Administrative Agent, request that its Loans of a particular Type type to such Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its NoteNote of any Borrower, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to such Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Witco Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(a)(iii), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the Borrower Company with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Company so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)31, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Dean Foods Co)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(d), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Cabot Corp)
Notes. (a) Any Bank may request that the The Syndicated Loans of such each Bank shall be ----- evidenced by a single Syndicated Loan Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Loans.
(b) Each Commitment. The Money Market Loans made by any Bank that has requested that its Loans to the Borrower shall be evidenced by a single Money Market Loan Note may, by notice payable to the Borrower and order of such Bank for the Administrative Agent, request that account of its Loans of a particular Type be evidenced by a separate Note Lending Office in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireMoney Market Facility Limit.
(cb) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or error in making, any -------- such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (JDN Realty Corp)
Notes. (a) Any The Credits of each Bank may request that the Loans of such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansCredits.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans Credits of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansCredits. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans Credits of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver, by hand or overnight courier, such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made Credit to be evidenced by it its Note and the date and amount of each payment of principal made by the Borrower with respect thereto, thereto and may, if such a Bank so elects in connection with any transfer or enforcement of its Note, and is hereby irrevocably authorized by the Borrower to, endorse on the schedule schedules forming a part thereof appropriate notations to evidence the foregoing such information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its any Note a continuation of any such schedule as and when required. Notwithstanding the foregoing provisions of this paragraph (c), neither the obligations of the Borrower and the Parent Guarantor hereunder nor the rights of any Bank shall be affected by the failure of any Bank to appropriately record such information on any Note.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward deliver such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Shopko Stores Inc)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Masco Corp /De/)
Notes. (a) Any Bank may request that The Borrower’s obligation to repay the Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.. 18
(c) Upon receipt of Promptly after receiving each Bank's Note pursuant to Section 3.01(b3.01(a), 3.01
(d) the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Bridge Loan Agreement (Ultramar Diamond Shamrock Corp)
Notes. (a) Any Bank may request that If a Lender so requests in writing, the Borrower's obligation to repay the Loans of such Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice.
(b) Each Bank that has requested that its Loans be evidenced by a Note Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant TypeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankPromptly after it receives any Lender's Note pursuant to Section 3.01(b)Article 3, the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower any Obligor hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Ace LTD)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Central Hudson Gas & Electric Corp)
Notes. (a) Any Bank may request that the The Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular Type type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Typetype. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b4.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) Any Bank may request that the The Direct Loans of such each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Bank s Direct Loans.;
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Domestic Loans, USBR Loans of a particular Type and Euro- Dollar Loans be evidenced by a separate Note in an amount equal Notes. In addition, each Bank may, by notice to the aggregate unpaid principal amount of such LoansBorrower and the Agent, request that an additional Note be delivered by the Borrower to evidence any Direct Loan not otherwise evidenced by an existing Note hereunder. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Domestic Loans, USBR Loans of or Euro- Dollar Loans, as the relevant Typecase may be. Each reference in this Agreement to the "Note" Note of such Bank shall be deemed to refer to and include any either or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record in its records the date, amount, amount and type and maturity of each Direct Loan made or deemed to have been made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Direct Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
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Sources: Credit Agreement (Wainoco Oil Corp)