Common use of Notes Clause in Contracts

Notes. (a) The Loans of 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 Loans to the Borrower. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a), the 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 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) The Any Bank may request that the Loans of each such 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 Loans to the BorrowerLoans. (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 to the Borrower Type 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(a3.01(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 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: 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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: 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) The Loans of each Bank Each Lender may, by notice to the Company and the Agent, request (i) that its Loans to any Borrower shall be evidenced by a single Note of the 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 Lender’s Loans to the Borrower. such Borrower or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type or currency to the any Borrower be evidenced by a separate Note of the 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(a), the 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 to the Borrower and the date and amount of each payment of principal made 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 to the Borrower 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) The Loans of made by each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower 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 to the Borrower. (b) and otherwise duly completed. Each Bank Lender may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular type to the Borrower Class or Type 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 typeClass 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(a), the 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 Borrower Company hereunder, and the date and amount of each payment or prepayment of principal made 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; 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.1(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 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 5 contracts

Sources: Credit Agreement (K N Energy Inc), Credit Agreement (Westvaco Corp), Credit Agreement (Meadwestvaco Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a), the 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 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 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) The Borrower's obligation to repay the Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the 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 to the BorrowerOffice. (b) Each Bank 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 to the Borrower or its Money Market Loans be evidenced by a separate Note of the Borrower 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(a3.01(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 to the Borrower and the date and amount of each payment of principal made 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 to the Borrower 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) The Loans of each Each Bank may, by notice to the Borrower shall and the Administrative Agents, request (i) that its Loans 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 ’s Loans to the Borrower. or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type 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 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 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. (cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the 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 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 4 contracts

Sources: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)

Notes. (a) The If a Lender so requests in writing, the Borrower’s obligation to repay the Loans of each Bank to the Borrower such Lender shall be evidenced by a single Note of the 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 to the BorrowerOffice. (b) Each Bank 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 to the Borrower Type or Class be evidenced by a separate Note of the Borrower 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(a)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 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 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 to the Borrower 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(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 3 contracts

Sources: Credit Agreement (United Asset Management Corp), Credit and Reimbursement Agreement (Usf&g Corp), Credit Agreement (Mallinckrodt Group Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 to the Borrower 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) The Each Bank’s Loans of 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 Loans to the Borrower’s Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 3 contracts

Sources: 364 Day Credit Agreement (Target Corp), Credit Agreement (Target Corp), 364 Day Credit Agreement (Target Corp)

Notes. (a) The Tranche A Loans of each Bank to the Borrower shall be evidenced by a single Note the Tranche A Notes, each of the Borrower 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 to the BorrowerTranche A Commitment. (b) The Tranche B Loans shall be evidenced by 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 Lead Agent, request that its Loans of a particular 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 A-1 or Exhibit A-2 hereto, as applicable, 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. (cd) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a) or (b), the 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 to the Borrower and the date and amount of each payment of principal made by 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 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 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) The Any Bank may request that the Loans of each such 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 Loans to the Borrower’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 to the Borrower Type 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 ’s Note pursuant to Section 3.01(a3.01(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 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 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) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular 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 relates solely to 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 Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the 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 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 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a), the 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 2 contracts

Sources: Credit Agreement (Ace LTD), Credit Agreement (Score Acquisition Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.1(d), the 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 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.01(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 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 2 contracts

Sources: Credit Agreement (Textron Financial Corp), 364 Day Credit Agreement (Textron Financial Corp)

Notes. (a) The Syndicated Loans of each Bank to the Borrower shall be evidenced by a single Syndicated Loan 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 original principal amount of such Bank's Loans to the BorrowerCommitment. (b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the Borrower account of its 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(a)3.01, the 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 to the Borrower 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 to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a4.1(a), the 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 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 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) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular 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 relates solely to 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 Promptly after receiving each Bank's Note pursuant to Section 3.01(a3.1(a), the 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 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 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) The Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the 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 BankLender's Loans to the BorrowerLoans. (b) Each Bank Lender may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type or Class 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 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 BankLender's Note pursuant to Section 3.01(a)3.01, the Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Type and maturity Class 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 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 to the Borrower 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 NotesNotes or any other Loan Document. 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 (Metro-Goldwyn-Mayer Inc), Credit Agreement (Metro-Goldwyn-Mayer Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.01(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 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 2 contracts

Sources: Term Loan Agreement (Rite Aid Corp), Term Loan Agreement (Rite Aid Corp)

Notes. (a) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerOffice. (b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular 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 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 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 Promptly after it receives each Bank's Note pursuant to Section 3.01(a3.1(a), the 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 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 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) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerOffice. (b) Each Bank 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 to the Borrower be evidenced by a separate Note of the Borrower 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 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 Promptly after it receives each Bank's Note pursuant to Section 3.01(a3.01(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 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 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) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower type, including Swing Loans, 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 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 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(a3.1(a), the 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 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. (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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type 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(a3.01(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 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 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) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower type, including Swing Loans, 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 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 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(a3.1(a), the 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 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. (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) The Loans of each Each Bank may, by notice to the Borrower shall and the Administrative Agents, request (i) that its Loans 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 to the Borrower. or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type 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 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 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. (cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the 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 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 2 contracts

Sources: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)

Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Bank Notes, each of the Borrower 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 to the Borrower’s Commitment. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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 type. 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(a3.1(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 to the Borrower and the date and amount of each payment of principal made by 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 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 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) The Base Rate Loans and the Euro-Dollar Loans of each Bank to the Borrower shall be evidenced by a single Revolving Credit Note in the amount of the Borrower 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 Loans to Bank for the Borroweraccount of its Applicable Lending Office. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower (including Money Market Loans) be evidenced by a separate Note of the Borrower 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 type. 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(a3.1(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 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 appropriate 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 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type 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 "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(a3.01(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 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 2 contracts

Sources: Exchange Debt Facility (Rite Aid Corp), PCS Facility Agreement (Rite Aid Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerOffice. (b) Each Bank may, by notice to the Borrower Borrower, the Administrative Agent and the Documentation Agent, request that its Loans of a particular type to the Borrower (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note of the Borrower 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 to reflect the fact that it evidences solely Loans of the relevant type. 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(a3.1(a), the Documentation 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 appropriate 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. (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 2.3(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 ten (10) Euro-Dollar Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership)

Notes. (a) The Each Bank's Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 2 contracts

Sources: Credit Agreement (Target Corp), 364 Day Credit Agreement (Target Corp)

Notes. (a) The Term Loans and the Revolving Loans of each Bank to the Borrower Lender shall each be evidenced by a single Note Note, substantially in the form of the Borrower Exhibits B-1 and B-2 hereto, 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 to the BorrowerLender’s Term Loan and Revolving Commitment, respectively. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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 Lender’s Notes pursuant to Section 3.01(a3.02(b), the Administrative Agent shall forward such Note Notes to such BankLender. Each Bank Lender 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 Lender so elects in connection with any transfer or enforcement of its NoteNotes, 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 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 Notes 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: Multi Year Credit Agreement (Park Place Entertainment Corp), Credit Agreement (Caesars Entertainment Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a4.01(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 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 2 contracts

Sources: Credit Agreement (Valero Energy Corp), Credit Agreement (Valero Energy Corp/Tx)

Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of made by 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 to the BorrowerOffice. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note of the Borrower 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 to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and delivery of any such Note, any existing Note payable to such 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. (c) Upon receipt of each any Bank's ’s Note pursuant to Section 3.01(a3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, currency, 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 appropriate 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. (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 2.3(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 ten (10) Euro-Currency Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.

Appears in 1 contract

Sources: Revolving Credit Agreement (Istar Financial Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.1(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 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. (d) The Administrative Agent will upon request of the Borrower from time to time furnish information to the Borrower as to the types and amounts of Loans outstanding hereunder.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Toyota Motor Credit Corp)

Notes. (a) The Loans of 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 Loans to the Borrowerat any time. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a)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 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 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) The Syndicated Loans of each Bank to the Borrower shall be evidenced by a single Syndicated Loan 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 original principal amount of such Bank's Commitment. The Swing Loans shall be evidenced by a single Swing Loan Note payable to the Borrowerorder of Wachovia in the original principal amount of $15,000,000. (b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the Borrower account of its 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(a)3.01, the 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 to the Borrower 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 to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective 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

Sources: Credit Agreement (Flowers Industries Inc /Ga)

Notes. (a) The Borrower's obligation to repay the Loans of 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 Loans to the Borrower.Office (b) Each Bank 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 to the Borrower be evidenced by a separate Note of the Borrower 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 type. 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(a), the 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 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 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) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerOffice. (b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular 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 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 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 Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the 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 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 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) The Borrower’s obligation to repay the Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the 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 to the BorrowerOffice. (b) Each Bank 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 to the Borrower or its Money Market Loans be evidenced by a separate Note of the Borrower 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 a “Note” or 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. (c) Upon receipt of each Bank's Lender’s Note pursuant to Section 3.01(a3.01(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 to the Borrower and the date and amount of each payment of principal made 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 to the Borrower 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 1 contract

Sources: Credit Agreement (Tenet Healthcare Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a), the 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 1 contract

Sources: Credit Agreement (Universal Health Services Inc)

Notes. (a) The Loans Credits of 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 Loans to the BorrowerCredits. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans Credits of a particular 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 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 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(a)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 to the Borrower 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 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 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

Sources: Credit and Guaranty Agreement (Aramark Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(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 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) The Loans of each Bank to the each Borrower shall be evidenced by a single Note of the 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 Loans to the such Borrower. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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 a Note of a Borrower for each Bank's Note Bank pursuant to Section 3.01(a4.1(b) or 4.3(a), the 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 to the each Borrower and the date and amount of each payment of principal made by such Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its NoteNote of such Borrower, endorse on the schedule forming a part thereof appropriate notations (or attach thereto a schedule containing such notations) to evidence the foregoing information with respect to each such Loan to the 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 such Borrower hereunder or under the its 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 such a schedule and a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (United States Surgical Corp)

Notes. (a) The Each Lender's Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal Office; provided that any Facility B Lender may, by notice to the aggregate unpaid principal amount of such Bank's Loans Administrative Agent (with a copy to the BorrowerDocumentation Agent), elect that its Loans not be evidenced by a Note, in which case such Loans will be evidenced solely by the Register. (b) Each Bank Lender may, by notice to the Borrower and the Documentation Agent, request that its Loans under a particular Facility and/or of a particular type to the Borrower Interest Type be evidenced by a separate Note of the Borrower 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 under the relevant Facility and/or of the relevant typeInterest 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(a3.01(b), the Documentation Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Facility, Purpose and maturity Interest Type 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 the then outstanding Loans evidenced by such Loan to the Borrower then outstandingNote; provided that neither the failure of any Bank Lender to make any such recordation or endorsement nor any error therein shall not affect the obligations of the Borrower hereunder or under the Notesany Financing Document. 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

Sources: Credit Agreement (Vencor Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 1 contract

Sources: Credit Agreement (Sears Roebuck Acceptance Corp)

Notes. (a) The Any Bank may request that the Loans of each such 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 Loans to the Borrower’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 to the Borrower Type 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 ’s Note pursuant to Section 3.01(a3.01(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 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 1 contract

Sources: Term Loan Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 LoansNotes. 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(a)10.01, the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and and, in the case of a Money Market Loan, 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 1 contract

Sources: Credit Agreement (Louisiana Land & Exploration Co)

Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the Borrower’s Commitment. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 LoansBank’s Loans of such type. 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 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(a)’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 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. (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

Sources: Revolving Credit Agreement (Kilroy Realty Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Class or Type 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 typeClass or 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(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Class, 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 1 contract

Sources: Credit Agreement (Rite Aid Corp)

Notes. (a) The Revolving Credit Loans of each Bank to the Borrower shall be evidenced by a single Revolving Credit Note of Borrower dated the Borrower date hereof and 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 principal amount of such Bank's Loans to the Borrower. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 Commitment in substantially the form of Exhibit A attached 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 Notesinsertions) (collectively, as the context same may requirefrom time to time be amended, modified extended or renewed, the "Notes"). (cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Revolving Credit Loan made by it to the Borrower and the date and amount of each payment of principal made by 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 schedules forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Revolving Credit Loan to the Borrower then outstanding; provided provided, however, that the obligation of Borrower to repay each Revolving Credit Loan hereunder shall be absolute and unconditional, notwithstanding any failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notesany mistake by any Bank in connection with any such recordation or endorsement. 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. The books and records of each Bank (including, without limitation, the schedules attached to its Note) showing the account between such Bank and Borrower shall be admissible in evidence in any action or proceeding and shall constitute prima facie proof of the items therein set forth in the absence of manifest error.

Appears in 1 contract

Sources: Revolving Credit Agreement (Huntco Inc)

Notes. (a) The Loans of 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 Loans to the Borrower’s Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.1(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 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 1 contract

Sources: Five Year Credit Agreement (Meadwestvaco Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower Borrower, the Lead Agent and the Managing Co-Agent, request that its Loans of a particular 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. Any additional costs incurred by the Lead 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 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(a3.1(a), the 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 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 appropriate 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.the

Appears in 1 contract

Sources: Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall may 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 1 contract

Sources: 364 Day Credit Agreement (Kinder Morgan Inc)

Notes. (a) The Revolver Loans of each Bank to the Borrower shall be evidenced by a single Revolver Loan Note payable to the order of such Bank, for the Borrower account of its Lending Office in an amount equal to the original principal amount of such Bank's Revolver Loan Commitment. (b) The Term Loans of each Bank shall be evidenced by a single Term 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 to the Borrower. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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 requireTerm Loan Commitment. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)3.01, the 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 to the Borrower 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 to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make any such P(18) 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 complete its Note Notes as set forth above 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 (Trion Inc)

Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular 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 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(a)Note, the 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 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. (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

Sources: Revolving Credit Agreement (Kilroy Realty Corp)

Notes. (a) The Tranche A Loans of each Bank to the Borrower shall be evidenced by a single Note the Tranche A Notes, each of the Borrower 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 to the BorrowerTranche A Commitment. (b) The Tranche B Loans shall be evidenced by 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 Lead Agent, request that its Loans of a particular 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 A-1 or Exhibit A-2 hereto, as applicable, 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. (cd) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a) or (b), the 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 to the Borrower and the date and amount of each payment of principal made by 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 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 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 five (5) 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) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular 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 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(a)Note, the 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 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. (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

Sources: Revolving Credit Agreement (Kilroy Realty Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.1(a), the Documentation 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 1 contract

Sources: Credit Agreement (Cisco Systems Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.1(a), the 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 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 1 contract

Sources: Credit Agreement (Central Power & Light Co /Tx/)

Notes. (a) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerOffice. (b) Each Bank 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 to the Borrower be evidenced by a separate Note of the Borrower 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 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 Promptly after it receives each Bank's Note pursuant to Section 3.01(a), 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 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 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 1 contract

Sources: Credit Agreement (Guidant Corp)

Notes. (ai) The Loans Syndicated Advances of each Bank to the Borrower shall be evidenced by a single Syndicated 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 original principal amount of such Bank's Loans to Commitment; and (ii) the Borrower. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Money Market Loans of a particular type to the Borrower each Bank shall be evidenced by a separate single Money Market Note payable to the order of such Bank for the Borrower account of its 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 aggregate 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 requireBanks' Commitments. (cb) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)3.01, the Agent shall forward deliver such Note Notes 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 with respect theretorecord, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence evidence, the foregoing information date, amount and maturity of, and effective interest rate for, each Advance made by it, the date and amount of each payment of principal made by the Borrower with respect to each thereto and in the case of Syndicated Advances, whether such Loan to is a Base Rate Loan or Euro-Dollar Loan, and such schedule shall constitute rebuttable presumptive evidence of the Borrower then outstandingprincipal amount 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

Sources: Credit Agreement (Liberty Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 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 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 1 contract

Sources: Credit Agreement (Shopko Stores Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.01(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 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 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 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 1 contract

Sources: Credit Agreement (Corporate Realty Consultants Inc)

Notes. (a) The Borrower's obligation to repay the Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular 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 relates solely to 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 Promptly after receiving each Bank's Note pursuant to Section 3.01(a), the 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 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 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 (Ultramar Diamond Shamrock Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 Bank's 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 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(a3.1(a), the 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 requiredrequired which continuation shall be deemed correct absent manifest error.

Appears in 1 contract

Sources: Revolving Credit Agreement (Amb Property Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower Borrower, the Lead Agent and the Managing Co-Agent, request that its Loans of a particular 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. Any additional costs incurred by the Lead 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 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(a3.1(a), the 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 to the Borrower and the date and amount of each payment of principal made 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.with

Appears in 1 contract

Sources: Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)

Notes. (a) The Syndicated Loans of each Bank to the Borrower shall be evidenced by a single Syndicated Loan 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 original principal amount of such Bank's Loans to the BorrowerCommitment. (b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the Borrower account of its 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. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)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 to the Borrower 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 to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective 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

Sources: Credit Agreement (Irt Property Co)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 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 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 1 contract

Sources: Credit Agreement (Masco Corp /De/)

Notes. (a) The Borrower’s obligation to repay the Loans of 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 Loans to the Borrower’s Loans. (b) Each Bank 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 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 relates solely to 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.. 18 (c) Upon receipt of Promptly after receiving each Bank's Note pursuant to Section 3.01(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 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 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) The Each Bank’s Loans of 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 Loans to the Borrower’s Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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.to

Appears in 1 contract

Sources: Credit Agreement (Target Corp)

Notes. (a) The At the request of any Bank, its Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the Borrower’s Commitment. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Class be evidenced by a separate Note of the Borrower 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(a)’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 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 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 ten (10) Euro-Dollar Revolving Borrowings, and no more than four (4) Euro-Dollar Term Loan Borrowings, outstanding at any one time pursuant to this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Kilroy Realty, L.P.)

Notes. (a) The Loans of each Bank to the each Borrower shall be evidenced by a single (i) one Note of the 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 Loans to such Borrower pursuant to the Borrower364-Day Revolver and (ii) one 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 Loans to such Borrower pursuant to the Multi-Year Revolver. (b) Each Bank may, by notice to the Borrower Borrowers and the Agent, request that its Loans of a particular type to the a Borrower be evidenced by a separate Note of the such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans, in which case any Note then held by such Bank that would otherwise evidence Loans of such type shall be appropriately modified to reflect the fact that it does not evidence Loans of such type. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as the case may be, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to a "Note" or the "NoteNotes" 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(a), the 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 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 1 contract

Sources: Credit Agreement (Hancock John Financial Services Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.02(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 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 1 contract

Sources: Credit Agreement (Hilton Hotels Corp)

Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of made by 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 to the BorrowerOffice. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note of the Borrower 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 to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and delivery of any such Note, any existing Note payable to such 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. (c) Upon receipt of each any Bank's Note pursuant to Section 3.01(a3.1(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 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 appropriate 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. (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 2.3(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 seven (7) Euro-Dollar Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.

Appears in 1 contract

Sources: Revolving Credit Agreement (Istar Financial Inc)

Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the BorrowerCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular 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 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(a3.1(a), the 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 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. (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

Sources: Revolving Credit Agreement (Kilroy Realty Corp)

Notes. (a) The Each Bank's Loans of each Bank to the Borrower Class shall be evidenced by a single Note of (in the Borrower 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 Loans to the BorrowerOffice. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type and Class be evidenced by a separate Note of the Borrower 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 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 Notes pursuant to clause (b) of Section 3.01(a3.01(b), the 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 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 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

Sources: Credit Agreement (Pathology Building Partnership)

Notes. (a) The Loans of each Bank to each Borrower shall, upon request of the Borrower shall applicable Bank, be evidenced by a single Note of the 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 Loans to the such Borrower. (b) Each Bank may, by notice to the a Borrower and the Administrative Agent, request that its Loans of a particular type to the such Borrower be evidenced by a separate Note of the 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 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 requested pursuant to Section 3.01(a2.05(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 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 the 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: 364 Day Credit Agreement (Ck Witco Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 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 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 1 contract

Sources: Medium Term Credit Agreement (Chubb Corp)

Notes. (a) The Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the 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 BankLender's Loans to the BorrowerLoans. (b) Each Bank Lender may, by notice to the Borrower Company and the Administrative Agent, request direct that its Loans of a particular type to the Borrower Type 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 substantially 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 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(a3.01(b), the Administrative Agent shall forward send such Note to such BankLender. Each Bank Lender 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 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 to the Borrower made by it then outstanding; provided that the any failure of by any Bank Lender to make (or any error in making) any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank Lender 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 (Polaroid Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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 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 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 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 1 contract

Sources: Credit Agreement (Central Hudson Gas & Electric Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a4.01(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 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 1 contract

Sources: Credit Agreement (Valero Refining & Marketing Co)

Notes. (a) The Direct Loans of 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 Loans to the Borrower.Bank s Direct Loans; (b) Each Bank may, by notice to the Borrower and the Agent, request that its Domestic Loans, USBR Loans of a particular type and Euro- Dollar Loans be evidenced by separate Notes. In addition, each Bank may, by notice to the Borrower and the Agent, request that an additional Note be delivered by the Borrower to evidence any Direct Loan not otherwise evidenced by a separate an existing Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loanshereunder. 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(a3.1(b), the 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 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 Direct 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 1 contract

Sources: Credit Agreement (Wainoco Oil Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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(a3.01(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 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 1 contract

Sources: Credit Agreement (Sears Roebuck Acceptance Corp)

Notes. (a) The Borrower's obligation to repay the Loans of 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 Loans to the Borrower.Office (b) Each Bank 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 to the Borrower be evidenced by a separate Note of the Borrower 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 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 Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the 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 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 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) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower Company and the Agent, request that its Loans of a particular 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 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(a3.1(a)(iii), the 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 to the Borrower and the date and amount of each payment of principal made by the 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 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 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 (Premark International Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.01(b), the 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.to

Appears in 1 contract

Sources: Credit Agreement (Litton Industries Inc)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a3.0 1(b), . the 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 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 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) The Loans of 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 30 Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular 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 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(a3.01(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 the Borrower and the date and amount of each payment of principal made by the 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 to the Borrower 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 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 (Applied Materials Inc /De)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the 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 to the BorrowerOffice. (b) Each Bank 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 to the Borrower or its Money Market Loans be evidenced by a separate Note of the Borrower 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(a3.01(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 to the Borrower and the date and amount of each payment of principal made 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 to the Borrower 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 1 contract

Sources: Credit Agreement (Tenet Healthcare Corp)

Notes. (a) The Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the 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 BankLender's Loans to the BorrowerLoans. (b) Each Bank Lender may, by notice to the Borrower Company and the Administrative Agent, request that two separate Notes to evidence its Base Rate Loans of a particular 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 and its Euro-Dollar Loans, respectively. 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 Lender shall be deemed to refer to and include any either or all both of such Notes, as the context may require. (c) Upon receipt of each BankLender's Note pursuant to Section 3.01(a), the Documentation 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 to the Borrower and the date and amount of each payment of principal made by the Company 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 to the Borrower 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 Company hereunder or under the Notes. Each Bank Lender 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 (United States Surgical Corp)

Notes. (a) The Loans of 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 Loans to the BorrowerLoans. (b) Each Bank may, by notice to the Borrower and the AgentCo-Managing Agents, request that its Loans of a particular 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. Any additional costs incurred by Fleet Agent 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 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(a3.1(a), the Fleet 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.connec-

Appears in 1 contract

Sources: Revolving Credit Agreement (Avalon Properties Inc)

Notes. (a) The At the request of any Bank, its Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower 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 to the Borrower’s Commitment. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Class be evidenced by a separate Note of the Borrower 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(a)’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 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 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

Sources: Credit Agreement (Kilroy Realty, L.P.)

Notes. (a) The Loans of each Bank to the Borrower shall 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 Loans to the Borrower. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular 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 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 requested pursuant to Section 3.01(a2.05(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 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 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) The Borrower's obligation to pay the principal of and interest on each Bank's Construction Loans of each Bank to the Borrower shall be evidenced by a single Construction Note and the Borrower's obligation to pay principal of and interest on each Bank's Term Loans shall be evidenced by a Term Note. Each such Note shall be duly executed and delivered by the Borrower in favor of the Borrower payable to the order of such appropriate Bank for the account of its Applicable Lending Office in an a principal amount equal to the aggregate unpaid principal amount of such Bank's Construction Loan Commitment or Term Loan Commitment, as applicable, with blanks appropriately completed in conformity herewith. On the date on which the Construction Loans are converted to Term Loans in accordance with Section 3, or, if the Construction Loans are not so converted, on the date all of the Obligations are indefeasibly paid in full in cash or cash equivalents, each Bank shall return its Construction Note to the Borrower, which Construction Note shall be marked "Paid in Full." (b) Each Bank mayis hereby authorized, by notice at its option, either (i) to endorse on the Borrower and the Agent, request that schedule attached to each of its Loans of Notes (or on a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount continuation of such Loans. Each schedule attached to such Note shall be in substantially and made a part thereof) an appropriate notation evidencing 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 date 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(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity amount of each Loan made by it to the Borrower evidenced thereby and the date and amount of each principal and interest payment of principal made with in respect theretothereof, or (ii) to record such Loans and maysuch payments in its books and records. Such schedule or such books and records, if such Bank so elects in connection with any transfer or enforcement of its Noteas the case may be, endorse on the schedule forming a part thereof appropriate notations to shall constitute prima facie 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 accuracy of 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 requiredinformation contained therein.

Appears in 1 contract

Sources: Construction and Term Loan Agreement (NRG Generating U S Inc)

Notes. (a) The Loans of each Each Bank may, by notice to the Borrower shall and the Administrative Agent, request (i) that its Loans 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 ’s Loans to the Borrower. or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular 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 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(a), the 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 1 contract

Sources: Credit Agreement (Pacificorp /Or/)