Common use of Notes Clause in Contracts

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 6 contracts

Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Notes. (a) The Any Bank may request that the Loans of each such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 6 contracts

Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Notes. (a) The Revolving Credit Loans of made by each Bank Lender shall be evidenced by a single Note promissory note executed and delivered by the applicable Borrower at the request of such Lender, substantially in the form of Exhibit B-1, with appropriate insertions as to payee and date (a “Revolving Credit Note”), payable to the order of such Bank for the account of its Applicable Lending Office Lender in an a principal amount equal to the aggregate unpaid principal amount of all Revolving Credit Loans made by such Bank's Loans. (b) Each Bank may, Lender. The Competitive Loans made by notice to the Borrower and the Agent, request that its Loans of a particular type each Lender shall be evidenced by a separate Note in an amount equal to promissory note executed and delivered by Kimco at the aggregate unpaid principal amount request of such Loans. Each such Note shall be Lender, substantially in substantially the form of Exhibit A hereto B-2, with appropriate modifications insertions as to reflect payee and date (a “Competitive Loan Note”), payable to the fact that it evidences solely Loans order of the relevant typesuch Lender. Each reference in this Agreement Lender is hereby authorized to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notesrecord, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)applicable, the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity amount of each Revolving Credit Loan or Competitive Loan made by it and such Lender, each continuation thereof, each conversion of all or a portion thereof to another Type, the date and amount of each payment or prepayment of principal made by thereof and, in the Borrower case of Fixed Rate Loans and Eurocurrency Loans, the length of each Interest Period with respect thereto and, in the case of Money Market Loans, the Money Market Loan Maturity Date with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming (including any continuation thereof) annexed to and constituting a part thereof appropriate notations to of its Revolving Credit Note or Competitive Loan Note, as the case may be, and any such recordation shall constitute prima facie evidence of the foregoing accuracy of the information with respect to each such Loan then outstandingso recorded; provided that the failure of by any Bank Lender to make any such recordation or endorsement any error in such recordation shall not affect the obligations of the any Borrower hereunder under this Agreement or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 5 contracts

Sources: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)

Notes. (a) The Loans of made by each Bank Lender shall be evidenced by a single Note of the Company (each a "NOTE") in substantially the form of Exhibit A hereto, dated the Closing Date, payable to the order of such Bank for the account of its Applicable Lending Office Lender in an amount equal to the aggregate unpaid principal amount of such BankLender's Loans. (b) Loans and otherwise duly completed. Each Bank Lender may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular type Class or Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto 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(b), 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 Company hereunder, and the date and amount of each payment or prepayment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; received by such Lender, provided that the any failure of any Bank by such Lender to make any such recordation endorsement or any error in such endorsement shall not affect the obligations of the Borrower Company under such Note or hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part in respect of its Note a continuation of any such schedule as and when requiredLoan.

Appears in 5 contracts

Sources: Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/)

Notes. (a) The Each Lender may, by notice to the Company and the Agent, request (i) that its Loans of each Bank shall to any Borrower be evidenced by a single Note of such Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. Lender’s Loans to such Borrower or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type or currency to any Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType or currency. Each reference in this Agreement to the "Note" “Notes” of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank Lender shall record the date, amount, type Type, currency and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower Borrowers so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 5 contracts

Sources: Credit Agreement (Johnson Controls Inc), Credit Agreement (Johnson Controls Inc), Credit Agreement (Johnson Controls Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 5 contracts

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement or any error in making the same shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 4 contracts

Sources: Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/)

Notes. (a) The Each Bank may, by notice to the Borrower and the Administrative Agents, request (i) that its Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. ’s Loans or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be 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(b), 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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 4 contracts

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

Notes. (a) The Borrower's obligation to repay the Loans of each Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its Base Rate Loans, its Euro-Dollar Loans of a particular type or its Money Market Loans be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto hereto, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typetype of Loans. Each reference in this Agreement to the a "Note" or the "Notes" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each BankLender's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan evidenced thereby then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder under this Agreement or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 4 contracts

Sources: Credit Agreement (Tenet Healthcare Corp), 364 Day Credit Agreement (Tenet Healthcare Corp), 364 Day Credit Agreement (Tenet Healthcare Corp)

Notes. (a) The Each Bank’s Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it it, and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Financing Document. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

Sources: Credit Agreement (Western Atlas Inc), Credit Agreement (Unova Inc), Credit Agreement (Western Atlas Inc)

Notes. (a) The Any Bank may request that the Loans of each such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans. (b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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(b3.01(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

Sources: Credit Agreement (Thomas & Betts Corp), 364 Day Credit Agreement (Thomas & Betts Corp), Credit Agreement (Thomas & Betts Corp)

Notes. (a) The Any Bank Party may request that the Loans and/or L/C Borrowings of each such Bank shall be evidenced by a single Note payable to the order of such Bank Party for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansBank Party’s Loans and/or L/C Borrowings. (b) Each Bank Party that has requested that its Loans and/or L/C Borrowings be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans and/or L/C Borrowings of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansLoans and/or L/C Borrowings. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans and/or L/C Borrowings of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank Party shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Bank Party’s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankBank Party. Each Bank Party shall record the date, amount, type and maturity of each Loan and/or L/C Borrowings made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Party so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan and/or L/C Borrowings then outstanding; provided that the failure of any Bank Party to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank Party is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

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

Notes. (a) The Tranche A Loans of each Bank shall be evidenced by a single Note the Tranche A Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansTranche A Commitment. (b) 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as applicable, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant 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(b3.1(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 and the date and amount of each payment of principal made by the either Borrower or CarrAmerica LP with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Borrowers hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Borrowers and CarrAmerica LP so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (e) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)

Notes. (a) The If a Lender so requests in writing, the Borrower’s obligation to repay the Loans of each Bank such Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower’s obligation to repay such Lender’s Loans of a particular type Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant typeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Promptly after it receives any Lender’s Note pursuant to Section 3.01(b)Article 3, the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender’s failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower’s obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 3 contracts

Sources: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co)

Notes. (a) The Each Bank may, by notice to the Borrower and the Administrative Agents, request (i) that its Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. Loans or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be 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(b), 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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 hereto with respect to the Swing Lender and Exhibit A-2 ----------- ----------- hereto and with respect to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer ---- to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Cabot Corp), Revolving Credit Agreement (Cabot Industrial Trust)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Notes. (a) The Loans Administrative Agent shall maintain a register (the "REGISTER") on which it will record the Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be evidenced by presumptively correct, absent manifest error. Failure to make any such recordation, or any error in such recordation, shall not affect any Borrower's obligations hereunder. (b) The Borrower hereby agrees that, promptly upon the request of any Bank at any time, the Borrower shall deliver to such Bank a single Note Note, in substantially the form of Exhibit A hereto, duly executed by the Borrower and payable to the order of such Bank for and representing the account obligation of its Applicable Lending Office in an amount equal the Borrower to pay the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice Loans made to the Borrower and by such Bank, with interest as provided herein on the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications from time to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requiretime outstanding. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Loan Document. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note or Notes and to attach to and make a part of its Note or Notes a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 ----------- hereto with respect to the Swing Lender and Exhibit A-2 hereto and with respect ----------- to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of ---- such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation -------- or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp), Revolving Credit Agreement (Cabot Industrial Trust)

Notes. (a) The If a Lender so requests in writing, the Borrower's obligation to repay the Loans of each Bank such Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular type Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant typeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each BankPromptly after it receives any Lender's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Petrochemical Co)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Bank Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans’s Commitment. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such 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(b3.1(a), the Administrative Agent shall forward such Bank Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Bank Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Bank Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Bank Note and to attach to and make a part of its Bank Note a continuation of any such schedule as and when required. (d) There shall be no more than ten (10) Euro-Dollar Borrowings and Money Market Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)

Notes. (a) The Base Rate Loans and the Euro-Dollar Loans of each Bank shall be evidenced by a single Revolving Credit Note in the amount of its Commitment payable to the order of such Bank for the account of its Applicable Lending Office Office. The Money Market Loans of each Bank, including each Designated Lender, shall be evidenced by a single Bid Rate Note in an the amount equal of $125,000,000, payable to the aggregate unpaid principal amount order of such Bank's LoansBank for the account of its Applicable Lending Office. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type (including Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A A-2 hereto (or in the case of a Money Market Loan, in substantially the form of Exhibit A-1 hereto) with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant 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(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. (e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) the last day of the Interest Period applicable to such Money Market Borrowing or (ii) the Maturity Date. (f) There shall be no more than ten (10) Euro-Dollar Groups of Loans outstanding at any one time.

Appears in 2 contracts

Sources: Credit Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Smith Charles E Residential Realty Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(d), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Borrower's obligation to repay the Loans of each Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank Lender may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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 Promptly after it receives each BankLender's Note pursuant to Section 3.01(b3.01(a), the Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Marvel Enterprises Inc), Credit Agreement (Marvel Enterprises Inc)

Notes. (a) The Syndicated Loans of each Bank shall be evidenced by a single Syndicated Loan Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's LoansCommitment. (b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the 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(b)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 and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Springs Industries Inc), Credit Agreement (Flowers Industries Inc /Ga)

Notes. (a) The Tranche A Loans, Tranche B Loans and Tranche C Loans of each Bank shall each be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Tranche A Loans, Tranche B Loans and Tranche C Loans, as the case may be. Each reference in this Agreement to the "Notes" of a Bank shall be deemed to refer to and include any or all of the Notes of such Bank described in this Section, as the context may require. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Tranche A Loans, Tranche B Loans and Tranche C Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireType. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b3.01(a), the Documentation Agent shall forward such Note Notes to such Bank. Each Bank shall record the date, amount, type amount and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect theretothereto on the appropriate Note, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingoutstanding thereunder; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Term Credit Agreement (American Mobile Satellite Corp), Revolving Credit Agreement (American Mobile Satellite Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Each Bank's Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Competitive Loans of made to the Company by each Bank shall be evidenced by a single Competitive Note duly executed on behalf of the Company, dated the Effective Date, in substantially the form attached hereto as Exhibit D-1, with the blanks appropriately filled, payable to the order of such Bank for the account of its Applicable Lending Office in an a principal amount equal to the aggregate unpaid outstanding principal amount of all Competitive Loans made by such Bank's Loans. (b) Each Bank may, by notice to the Borrower and Company. The Standby Loans made to the Agent, request that its Loans of a particular type Company by each Bank shall be evidenced by a separate single Standby Note duly executed on behalf of the Company, dated the Effective Date, in an substantially the form attached hereto as Exhibit D-2, with the blanks appropriately filled, payable to the order of such Bank in a principal amount equal to the aggregate unpaid outstanding principal amount of all Standby Loans made by such LoansBank to the Company. The outstanding principal balance of each Competitive Loan and Standby Loan, as evidenced by the relevant Note, shall be payable on the last day of the Interest Period applicable to such Loan. Each such Note shall be bear interest from the date thereof on the outstanding principal balance thereof as set forth in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank2.09. Each Bank shall shall, and is hereby authorized by the Company to, endorse on the schedule attached to the relevant Note held by such Bank or on a continuation thereof or otherwise record the date, amount, type and maturity of each Loan made by it and in its internal records an appropriate notation evidencing the date and amount of each Competitive Loan or Standby Loan, as applicable, of such Bank, each payment or prepayment of principal made by the Borrower with respect theretoof any such Competitive Loan or Standby Loan, as applicable, and maythe other information provided for on such schedule; provided, if such Bank so elects in connection with any transfer or enforcement of its Notehowever, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make such a notation or any such recordation or endorsement error therein shall not in any manner affect the obligations obligation of the Borrower hereunder Company to repay the Competitive Loans or under Standby Loans, as applicable, made by such Bank in accordance with the Notes. Each Bank is hereby irrevocably authorized by terms of the Borrower so to endorse its relevant Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredthis Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Cummins Engine Co Inc), Credit Agreement (Cummins Engine Co Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Class and/or Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeClass and/or Type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.02, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Loan Document. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note or Notes and to attach to and make a part of its Note or Notes a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b4.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

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

Notes. (a) The Loans of each Bank (or Designated Lender) shall be evidenced by a single Note payable to the order of such Bank (or Designated Lender) for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's (or Designated Lender's) Loans. (b) Each Bank (or Designated Lender) may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank (or Designated Lender) shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's (or Designated Lender's) Note pursuant to Section 3.01(b) (or Section 9.06(e)), the Agent shall forward such Note to such BankBank (or Designated Lender). Each Bank (or Designated Lender) shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank (or Designated Lender) to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank (and Designated Lender) is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (American Stores Co /New/), Multi Year Credit Agreement (American Stores Co /New/)

Notes. (a) The Syndicated Loans of each Bank shall be evidenced by a single Syndicated Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Loans’s Commitment. (b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type shall be evidenced by a separate single Money Market Note in an amount equal payable to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" order of such Bank shall be deemed to refer to and include any or all for the account of such Notes, as the context may requireits Lending Office. (c) The Swing Line Loans made by the Swing Line Lender to the Borrower shall be evidenced by a single Swing Line Note payable to the order of the Swing Line Lender. (d) Upon receipt of each Bank's Note ’s Notes pursuant to Section 3.01(b)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 schedule forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect theretothereto and whether, in the case of such Bank’s Syndicated Note, such Syndicated Loan is a Base Rate Loan or Euro-Dollar Loan, and may, if such Bank so elects in connection with any transfer or enforcement schedule shall constitute rebuttable presumptive evidence of its Note, endorse the principal amount owing and unpaid on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank’s Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Outback Steakhouse Inc), Credit Agreement (Outback Steakhouse Inc)

Notes. (a) The Borrower's obligation to pay the principal of, and interest on, the Loans of made by each Bank shall be evidenced (i) if Revolving Loans, by promissory notes duly executed and delivered by the Borrower substantially in the form of Exhibit B-1, with blanks appropriately completed (each a "Revolving Note" and, collectively, the "Revolving Notes") and (ii) if Swing Loans, by a single Note payable to promissory note duly executed and delivered by the order Borrower substantially in the form of such Bank for Exhibit B-2, with blanks appropriately completed (the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans"Swing Note"). (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note Notes to such the appropriate Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan the respective Loans made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan Loans then outstandingoutstanding under such Note; provided provided, that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Alliance Data Systems Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b4.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Primex Technologies Inc), Credit Agreement (Primex Technologies Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Annual Report, Credit Agreement (Cabot Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note made by the Borrower or any Qualified Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type (including Swingline Loans and Money Market Loans) be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A A-2 hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant 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 ’s Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower or the applicable Qualified Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower or applicable Qualified Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower and each Qualified Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.18(b)(iii). (e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date. (f) There shall be no more than fifteen (15) (twenty (20) in the event Borrower exercises its option to increase the Commitments under Section 2.1(b)) Euro-Dollar Groups of Loans and Money Market Loans outstanding at any one time, of which, no more than five (5) Euro-Dollar Groups of Loans may be Alternate Currency Loans with Interest Periods of less than one (1) month.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Equity Residential), Revolving Credit Agreement (Erp Operating LTD Partnership)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Ultramar Diamond Shamrock Corp), Loan Agreement (Ultramar Diamond Shamrock Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the AgentAdministrative Agent (to be given not later than two Domestic Business Days prior to the first Borrowing), request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, thereto and may, if such Bank so elects in connection with at its option prior to any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: 364 Day Credit Agreement (Praxair Inc), Credit Agreement (Px Acquisition Corp)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 2 contracts

Sources: Credit Agreement (Trigon Healthcare Inc), Credit Agreement (Trigon Healthcare Inc)

Notes. (a) The Loans of made by each Bank Lender shall be evidenced by a single Note promissory note of the Borrower in substantially the form of Exhibit A, dated (i) the Closing Date or (ii) the effective date of an Assignment pursuant to Section 12.06(b) or an Additional Lender or increase by an existing Lender pursuant to Section 12.06(h), as applicable, payable to the order of such Bank for the account of its Applicable Lending Office Lender in an a principal amount equal to the aggregate unpaid principal amount of its Maximum Revolving Credit Amount as originally in effect and otherwise duly completed and such Bank's Loans. (bsubstitute Notes as required by Sections 12.06(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes12.06(h), as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bankapplicable. Each Bank shall record the The date, amount, type Type, interest rate and maturity Interest Period of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect theretoLender, and mayall payments made on account of the principal thereof, if shall be recorded by such Bank so elects in connection with any transfer or enforcement of Lender on its books for its Note, endorse and, prior to any transfer may be endorsed by such Lender on the schedule forming a part attached to such Note or any continuation thereof appropriate notations to evidence the foregoing information with respect to each or on any separate record maintained by such Loan then outstanding; provided that the failure of any Bank Lender. Failure to make any such recordation notation or endorsement to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender of its Note. Notwithstanding the aggregate face amount of the Borrower Notes issued from time to time to the order of the respective Lenders, in no event shall the sum of all (i) Loans advanced and outstanding hereunder or under plus (ii) unfunded amounts of unexpired Letters of Credit issued pursuant hereto exceed the Notes. Each Bank is hereby irrevocably authorized by the Borrower so Aggregate Maximum Revolving Credit Amounts in effect from time to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredtime.

Appears in 2 contracts

Sources: Credit Agreement (Arena Resources Inc), Credit Agreement (Arena Resources Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Cisco Systems Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

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

Notes. (a) The Borrower's obligation to repay the Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant typeType or Class. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the 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: Credit Agreement (Republic Group Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 hereto with respect to the Swing Lender and Exhibit A-2 hereto and with respect to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Revolving Credit Agreement (Security Capital Atlantic Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) 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 At the request of any Bank, its Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each applicable Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such 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(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 1 contract

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower any Obligor hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Ace LTD)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it it, and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or 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 1 contract

Sources: Credit Agreement (Unova Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Syndication Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A B hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.02(b), the Syndication Agent shall forward such Note to such Bank. Each Bank shall record the date, amountcurrency, amount (in such currency), type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Hilton Hotels Corp)

Notes. (a) The With respect to each Bank, the Company's obligation to repay (i) the Loan made by such Bank to ▇▇▇▇▇▇▇▇ and assumed by the Company and (ii) the Loans of each made by such Bank directly to the Company shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans assumed by or made to the Company. (b) Each Bank may, by notice to the Borrower Company and the Administrative Agent, request that its the Company's obligation to repay such Bank's Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b4.02(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type of the Loan made by it to ▇▇▇▇▇▇▇▇ and maturity of assumed by the Company and each Loan made by it to the Company, and in each case the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Company's obligations of the Borrower 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 such Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Vlasic Foods International Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single promissory Note payable to the order of such the Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each The Bank may, by notice to the Borrower and the AgentBorrower, request that its Base Rate Loans of a particular type or Euro-Dollar Loans to the Borrower be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely its Base Rate Loans of the relevant typeor Euro-Dollar Loans. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each The Bank shall record the date, amount, type Type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of any of its Note, Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan the Loans then outstanding; provided that PROVIDED, THAT, the failure of any the Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each The 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 a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Roadway Express Inc)

Notes. (a) The Loans of each Bank to each Borrower shall be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to such Borrower. (b) Each Bank may, by notice to the a Borrower and the Administrative Agent, request that its Loans of a particular type to such Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its NoteNote of any Borrower, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to such Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Witco Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower Company and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower Company with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Company so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Premark International Inc)

Notes. (a) The Any Bank may request that the Loans of each such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans. (b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)31, 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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Dean Foods Co)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Corporate Realty Consultants Inc)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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(b3.01(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Ultramar Diamond Shamrock Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that neither the failure of by any Bank to make any such recordation or endorsement endorsement, nor any error therein, shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Bridge Loan Agreement (Venator Group Inc)

Notes. (a) The Revolving Credit Loans of each Bank to Borrower shall be evidenced by a single Revolving Credit Note of Borrower dated the 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. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be 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(b), 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 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 schedules forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Revolving Credit Loan 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 shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's =s Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "NoteANote" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's =s Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement endorsement, or any error in the making thereof, shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Consolidated Freightways Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward deliver such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Shopko Stores Inc)

Notes. (a) The Loans Administrative Agent shall maintain a register (the "REGISTER") on which it will record the Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be evidenced by presumptively correct, absent manifest error. Failure to make any such recordation, or any error in such recordation, shall not affect any Borrower's obligations hereunder. (b) Each Borrower hereby agrees that, promptly upon the request of any Bank at any time, such Borrower shall deliver to such Bank a single Note Note, in substantially the form of Exhibit A hereto, duly executed by such Borrower and payable to the order of such Bank for and representing the account obligation of its Applicable Lending Office in an amount equal such Borrower to pay the aggregate unpaid principal amount of Loans made to such Borrower by such Bank's Loans. (b) Each Bank may, by notice to with interest as provided herein on the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications from time to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requiretime outstanding. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amountcurrency, amount (in such currency), type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the such Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Such Bank is hereby irrevocably authorized by the each Borrower so to endorse its any Note of such Borrower and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Allergan Inc)

Notes. (a) The Loans of each Bank to each Borrower shall be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans to such Borrower. (b) Each Bank may, by notice to the a Borrower and the Agent, request direct that its Loans of a particular type Type be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b) or 3.03(a), the Agent shall forward send such Note to such Bank. Each Bank shall record the datedate and amount (and, amountin the case of a Money Market Loan, type and maturity the maturity) of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of any of its Note, Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each Loan made by it to such Loan Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Polaroid Corp)

Notes. (a) The Syndicated Loans of each Bank shall be evidenced by a single Syndicated Loan Note from each 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 LoansCommitment. (b) Each Bank may, The Swing Loans made by notice Wachovia to the each Borrower and the Agent, request that its Loans of a particular type shall be evidenced by a separate single Swing Loan Note payable by such Borrower to the order of Wachovia for the 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 require$1,000,000. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b)4.01, the Agent shall forward deliver such Note Notes to such Bank. Each Bank (or Wachovia, with respect to the Swing Loan) shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof (or on separate records of such Bank) appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower Borrowers with respect thereto, and may, if such schedules of each such Bank's Notes or other records of such Bank so elects in connection with any transfer or enforcement shall constitute rebuttable presumptive evidence of its Note, endorse the respective principal amounts owing and unpaid on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower Borrowers hereunder or under the Notes or the ability of any Bank to assign 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 a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Southern Electronics Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a ----- single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(b), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure -------- of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Unumprovident Corp)

Notes. (a) The Syndicated Loans of each Bank shall be evidenced by a single Syndicated Loan Note from each 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 LoansCommitment. (b) Each Bank may, The Swing Loans made by notice Wachovia to the each Borrower and the Agent, request that its Loans of a particular type shall be evidenced by a separate single Swing Loan Note payable by such Borrower to the order of Wachovia for the 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 require$5,000,000. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b)4.01, the Agent shall forward deliver such Note Notes to such Bank. Each Bank (or Wachovia, with respect to the Swing Loan) shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof (or on separate records of such Bank) appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower Borrowers with respect thereto, and may, if such schedules of each such Bank's Notes or other records of such Bank so elects in connection with any transfer or enforcement shall constitute rebuttable presumptive evidence of its Note, endorse the respective principal amounts owing and unpaid on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower Borrowers hereunder or under the Notes or the ability of any Bank to assign 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 a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Sed International Holdings Inc)

Notes. (a) The Each Bank may, by notice to the Borrower and the Administrative Agents, request (i) that its Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. ’s Loans or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be 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(b), 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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Clorox Co /De/)

Notes. (a) The Revolving Credit Loans of each Bank made by the Lender shall be evidenced by a single Note amended and restated promissory note of the Company, substantially in the form of Exhibit A-1 hereto, dated the date hereof, payable to the order of such Bank for the account of its Applicable Lending Office Lender in an a principal amount equal to the aggregate unpaid principal amount of such Bank's Loansthe Revolving Credit Commitment as originally in effect and otherwise duly completed, which note amends and restates a certain previously issued promissory note or notes. (b) Each Bank may, The Term Loan made by notice to the Borrower and the Agent, request that its Loans of a particular type Lender shall be evidenced by a separate Note single amended and restated promissory note of the Company, substantially in an the form of Exhibit A-2 hereto, dated the date hereof, payable to the Lender in a principal amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be the Term Loan Commitment as originally 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 effect and include any otherwise duly completed, which note amends and restates a certain previously issued promissory note or all of such Notes, as the context may requirenotes. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the The date, amount, type interest rate and maturity duration of the Interest Period (if applicable) of each Loan made by it and the date and amount of each payment of principal Class made by the Borrower with respect theretoLender to the Company, and mayeach payment made on account of the principal thereof, if such Bank so elects in connection with shall be recorded by the Lender on its books and, prior to any transfer or enforcement of its Notethe Note evidencing the Loans of such Class held by it, endorse endorsed by the Lender on the schedule forming a part thereof appropriate notations attached to evidence the foregoing information with respect to each such Loan then outstandingNote or any continuation thereof; provided that the failure of any Bank the Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower Company to make a payment when due of any amount owing hereunder or under such Note in respect of the Notes. Each Bank is hereby irrevocably authorized Loans to be evidenced 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 requiredNote.

Appears in 1 contract

Sources: Credit Agreement (Agency Com LTD)

Notes. (a) The Each Lender's Loans of each Bank shall be evidenced by a single Note promissory note (such Lender's "Note" and collectively, the "Notes") of the Company substantially in the form of Exhibit "A" hereto, dated the Closing Date, payable to such Lender at the order Principal Office of such Bank for the account of its Applicable Lending Office Agent, in an a principal amount equal to the amount of such Lender's Percentage Share of the Commitment as originally in effect and otherwise duly completed, such Notes to be given in renewal, extension and increase of, but not in extinguishment or novation of, those certain Promissory Notes dated March 7, 1997 in the original aggregate unpaid principal amount of such Bank's Loans$165,000,000 issued by the Company under the Original Agreement. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the The date, amount, type Type, interest rate, and maturity duration of Interest Period (if applicable) of each Loan made by it each Lender to the Company, and the date and amount of each payment made on account of the principal made thereof, shall be recorded by the Borrower with respect theretoAgent on its books and by such Lender on its books and, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its such Lender's Note, endorse endorsed by such Lender on the schedule forming a part thereof appropriate notations attached to evidence the foregoing information with respect to each such Loan then outstandingLender's Note or any Continuation thereof; provided that the failure of any Bank such Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or Company to make a payment when due of any amount owing under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so such Lender's Note. (c) No Lender shall be entitled to endorse have its Note and to attach to and make subdivided, by exchange for promissory notes of lesser denominations or otherwise, except in connection with a part permitted assignment of all or any portion of its Percentage Share of the Commitment, its Loans and its Note a continuation of any such schedule as and when requiredpursuant to Section 11.06(b) hereof.

Appears in 1 contract

Sources: Credit Agreement (Plains Resources Inc)

Notes. (a) The If a Lender so requests in writing, the Borrower's obligation to repay the Loans of each Bank such Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular type Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant typeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each BankPromptly after it receives any Lender's Note pursuant to Section 3.01(b)Article 3, the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Lyondell Chemical Co)

Notes. (a) The Syndicated Loans of each Bank to each Borrower shall be evidenced by a single Syndicated Loan Note in an amount equal to the original principal amount of such Bank's Commitment, payable to the order of such Bank for the account of its Applicable Lending Office. (b) The Money Market Loans made by any Bank to any Borrower shall be evidenced by a single Money Market Loan Note of such Borrower payable to the order of such Bank for the account of its Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireCommitments. (c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect thereto, whether such Loan is a Base Rate Loan or Euro-Dollar Loan, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes shall constitute rebuttable presumptive evidence of the 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 (National Service Industries Inc)

Notes. (a) The Syndicated Loans of each Bank shall be evidenced by a single Syndicated Loan Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's LoansCommitment. (b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the 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(b)3.01, the Administrative Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingBank's Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Irt Property Co)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that each of its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to the Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications D hereto. Upon the execution and delivery of any such Note, any existing Note payable to reflect such Bank shall be returned to the fact that it evidences solely Loans of the relevant typeBorrower and replaced or modified accordingly. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (cb) Upon receipt of each any Bank's ’s Note pursuant to Section 3.01(b2.5(a), the Administrative Agent shall forward such Note to such Bank. Each Such Bank shall record the date, amount, currency, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower Borrower, with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (c) There shall be no more than ten (10) Eurodollar Group of Loans outstanding at any one time.

Appears in 1 contract

Sources: Credit Agreement (Istar Financial Inc)

Notes. (a) The Loans of each Bank Lender shall each be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office Lender. Each reference in an amount equal this Agreement to the aggregate unpaid principal amount "Note" of a Lender shall be deemed to refer to and include the Notes of such Bank's LoansLender described in this Section, as the context may require. (b) Each Bank Lender may, by notice to the Borrower and the AgentBorrower, request that each of its Loans of a particular type made to the Borrower hereunder be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansLoan. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications modifications, if applicable, 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 requirea separate Loan. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall Lender may record the date, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect theretothereto on the Note received by such Lender pursuant to Section 3.01(a), and may, if such Bank Lender so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstandingoutstanding thereunder; provided that the failure of any Bank 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 Notes a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Term Credit Agreement (Motient Corp)

Notes. (a) The Loans Credits of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansCredits. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans Credits of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansCredits. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans Credits of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.01, the Administrative Agent shall forward deliver, by hand or overnight courier, such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made Credit to be evidenced by it its Note and the date and amount of each payment of principal made by the Borrower with respect thereto, thereto and may, if such a Bank so elects in connection with any transfer or enforcement of its Note, and is hereby irrevocably authorized by the Borrower to, endorse on the schedule schedules forming a part thereof appropriate notations to evidence the foregoing such information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its any Note a continuation of any such schedule as and when required. Notwithstanding the foregoing provisions of this paragraph (c), neither the obligations of the Borrower and the Parent Guarantor hereunder nor the rights of any Bank shall be affected by the failure of any Bank to appropriately record such information on any Note.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Aramark Corp)

Notes. (a) The Any Bank may request that the Loans of each such Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type Type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

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

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitments. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A-1 hereto, as applicable, and with respect to the Swing Lender, ----------- in the form of Exhibit A-2 hereto, with appropriate modifications to reflect ----------- the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and ---- include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided -------- that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than fifteen (15) Euro-Dollar Borrowings outstanding at any one time pursuant ant to this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Ventas Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with appropriate --------- modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be ---- deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the -------- failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Kilroy Realty Corp)

Notes. (a) The Borrower's obligation to repay the Loans of each Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular type Type or Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant typeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of Promptly after it receives each BankLender's Note pursuant to Section 3.01(b3.1(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Class and maturity Type of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Sybron Chemicals Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type type, including Swing Loans and Money Market Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with respect to the Swing Lender, Designated Lenders and any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b3.1(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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp)

Notes. (a) The Each Lender may, by notice to the Company and the Agent, request (i) that its Loans of each Bank shall to any Borrower be evidenced by a single Note of such Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. Lender’s Loans to such Borrower or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type to any Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" “Notes” of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require. (cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank Lender shall record the date, amount, type Type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower Borrowers so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Johnson Controls Inc)

Notes. (a) The In connection with the effectiveness of the Existing Credit Agreement, the Borrower delivered to the Agent, for the account of each Bank, duly executed "Notes" substantially in the form of Exhibit A to the Existing Credit Agreement (collectively, the "Existing Notes") to evidence the "Loans" of each Bank as defined therein. On or prior to the Effective Date, pursuant to Section 3.01(b), the Borrower shall deliver to the Agent, for the account of each Bank, duly executed Notes, substantially in the form of Exhibit A hereto. On the Effective Date, each Bank's Existing Note shall be deemed amended and restated by such duly executed new Note, and each Bank's Existing Note shall be deemed cancelled. From and after the Effective Date, the Loans of each Bank (whether made under the Existing Credit Agreement, prior thereto or pursuant to this Agreement) shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal Office. Each Bank agrees that it will, promptly after the Effective Date, deliver to the aggregate unpaid principal amount Agent, for cancellation and delivery to the Borrower, its Existing Note (or in the case of loss thereof, a written agreement of indemnity by such Bank for such loss in customary form and executed by such Bank's Loans). (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular Class or type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Class or type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b2.03(a) or Section 2.03(b), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Exchange Agreement (Perini Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitment. (b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typehereto. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)3.1(a) or (b) hereof, the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than fifteen (15) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Carramerica Realty Corp)

Notes. (a) The Loans of each Bank shall be ----- evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to -------- make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Unumprovident Corp)

Notes. (a) The Each Bank may, by notice to the Borrower and the Administrative Agent, request (i) that its Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. ’s Loans or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be promptly furnished to the requesting Bank and shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (cb) Upon receipt of each Bank's Note pursuant to Section 3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Pacificorp /Or/)

Notes. (a) The Loans of each Bank shall to each Borrower shall, upon request of the applicable Bank, be evidenced by a single Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans=s Loans to 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 such Borrower be evidenced by a separate Note of such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" ANote@ 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 requested pursuant to Section 3.01(b2.05(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to each Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its NoteNote of any Borrower, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to such Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Ck Witco Corp)

Notes. (a) The Each Bank's Loans of each Bank Class to each Borrower shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansLoans of such Class to such Borrower. (b) Each Bank may, by notice to the Borrower Vencor and the Documentation Agent, request that its Loans to each Borrower of a particular type Interest Type and Class be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the appropriate form of Exhibit A hereto for such Class, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeInterest Type. Each reference in this Agreement to 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 Notes pursuant to Section 3.01(b), the Documentation Agent shall forward such Note Notes to such Bank. Each Bank shall record the dateInterest Type, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the relevant Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each the then outstanding Loans evidenced by such Loan then outstandingNote; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of any Borrower under any of the Borrower hereunder or under the NotesFinancing Documents. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Vencor Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loansrespective Commitment(s). (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Tranche A Loans, Tranche B Loans, Tranche C Loans and Tranche D Loans, respectively, of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto ▇-▇, ▇-▇, ▇-▇ or A-4 hereto, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement endorsement, or any error in such notation 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: Credit Agreement (Meditrust Corp)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that each of its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to the Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications D hereto. Upon the execution and delivery of any such Note, any existing Note payable to reflect such Bank shall be returned to the fact that it evidences solely Loans of the relevant typeBorrower and replaced or modified accordingly. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (cb) Upon receipt of each any Bank's ’s Note pursuant to Section 3.01(b3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Such Bank shall record the date, amount, currency, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower Borrower, with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any such Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (c) There shall be no more than ten (10) Eurodollar Group of Loans outstanding at any one time.

Appears in 1 contract

Sources: Credit Agreement (Istar Financial Inc)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note the Notes, each of which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's LoansCommitments. (b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type type, including Swing Loans, be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A-1 hereto, as applicable, and with respect to the Swing Lender, in the form of Exhibit A-2 hereto, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(b)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. (d) There shall be no more than fifteen (15) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Ventas Inc)

Notes. (a) The Borrower's obligation to repay the Loans of made to it by each Bank Lender shall be evidenced by a single Note payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's LoansOffice. (b) Each Bank 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 be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant 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 Promptly after it receives each BankLender's Note pursuant to Section 3.01(b3.01(a), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type date and maturity amount of each Loan made by it and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the a Lender's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the its 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 (Marsh & McLennan Companies Inc)

Notes. (a) The Term A Loans of each Bank shall be evidenced by a single Term A Note, the Term B Loans of each Bank shall be evidenced by a Term B Note, the Revolving Loans of each Bank shall be evidenced by a Revolving Note. The current outstanding balance of any Acquisition Loans of each Bank has been incorporated into the balance of and shall be evidenced by the Term A Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such each Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notesthe Notes referred to in the preceding clause (a), as the context may require. (c) Upon receipt of each Bank's Note Notes pursuant to this Section 3.01(b)2.3, the Agent shall forward promptly mail or deliver such Note Notes to such Bank. Each Bank shall record on its books, and prior to any transfer of its Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence the date, amount, type amount and maturity of each Loan made by it and the date and amount of each payment of principal made by the applicable Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower or any Bank hereunder or under the Notesany other Loan Document. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Lancer Corp /Tx/)

Notes. (a) The Loans of each Bank shall be evidenced by a single Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such 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(b)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 and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.

Appears in 1 contract

Sources: Credit Agreement (Louisiana Land & Exploration Co)