Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require. (c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 6 contracts
Sources: Credit Agreement (Nortel Networks Corp), Credit Agreement (Nortel Networks LTD), Credit Agreement (Nortel Networks LTD)
Notes. (a) The Any Bank may request that the Loans of each such Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 6 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 6 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 5 contracts
Sources: Credit Agreement (K N Energy Inc), Credit Agreement (Westvaco Corp), Credit Agreement (Meadwestvaco Corp)
Notes. (a) The Loans of each Bank Each Lender may, by notice to the Company and the Agent, request (i) that its Loans to any Borrower shall be evidenced by a single Note of the such Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Lender’s Loans to the Borrower.
such Borrower or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type or currency to the any Borrower be evidenced by a separate Note of the such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType or currency. Each reference in this Agreement to the "Note" “Notes” of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank Lender shall record the date, amount, type Type, currency and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower Borrowers so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 5 contracts
Sources: Credit Agreement (Johnson Controls Inc), Credit Agreement (Johnson Controls Inc), Credit Agreement (Johnson Controls Inc)
Notes. (a) The Loans of made by each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower Company (each a "NOTE") in substantially the form of Exhibit A hereto, dated the Closing Date, payable to the order of such Bank for the account of its Applicable Lending Office Lender in an amount equal to the aggregate unpaid principal amount of such BankLender's Loans to the Borrower.
(b) and otherwise duly completed. Each Bank Lender may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular type to the Borrower Class or Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeClass or Type. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record Lender is hereby authorized by the Company to endorse on the schedule (or a continuation thereof) attached to each Note of such Lender, to the extent applicable, the date, amount, type amount and maturity Class or Type of and the Interest Period (if any) for each Loan made by it such Lender to the Borrower Company hereunder, and the date and amount of each payment or prepayment of principal made with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; received by such Lender, provided that the any failure of any Bank by such Lender to make any such recordation endorsement or any error in such endorsement shall not affect the obligations of the Borrower Company under such Note or hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part in respect of its Note a continuation of any such schedule as and when requiredLoan.
Appears in 5 contracts
Sources: Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement or any error in making the same shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 4 contracts
Sources: Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its Base Rate Loans, its Euro-Dollar Loans of a particular type to the Borrower or its Money Market Loans be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto hereto, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typetype of Loans. Each reference in this Agreement to the a "Note" or the "Notes" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankLender's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower evidenced thereby then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder under this Agreement or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 4 contracts
Sources: Credit Agreement (Tenet Healthcare Corp), 364 Day Credit Agreement (Tenet Healthcare Corp), 364 Day Credit Agreement (Tenet Healthcare Corp)
Notes. (a) The Loans of each Each Bank may, by notice to the Borrower shall and the Administrative Agents, request (i) that its Loans be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans to the Borrower.
or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be promptly furnished to the requesting Bank and shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 4 contracts
Sources: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Notes. (a) The Each Bank’s Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower’s Loans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: 364 Day Credit Agreement (Target Corp), Credit Agreement (Target Corp), 364 Day Credit Agreement (Target Corp)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided PROVIDED that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (Thomas & Betts Corp), 364 Day Credit Agreement (Thomas & Betts Corp), Credit Agreement (Thomas & Betts Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower it, and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or any Obligor under the Notesany Financing Document. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (Western Atlas Inc), Credit Agreement (Unova Inc), Credit Agreement (Western Atlas Inc)
Notes. (a) The Any Bank may request that the Loans of each such Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower’s Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) The Tranche A Loans of each Bank to the Borrower shall be evidenced by a single Note the Tranche A Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerTranche A Commitment.
(b) The Tranche B Loans shall be evidenced by the Tranche B Notes, each of which shall be payable to the order of each Bank for the account of its Applicable Lending Office in an amount equal to each such Bank's Tranche B Commitment.
(c) Each Bank may, by notice to the Borrower Borrowers and CarrAmerica LP and the Lead Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as applicable, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cd) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a) or (b), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by either Borrower or CarrAmerica LP with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Borrowers hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Borrowers and CarrAmerica LP so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(e) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 3 contracts
Sources: Credit Agreement (United Asset Management Corp), Credit and Reimbursement Agreement (Usf&g Corp), Credit Agreement (Mallinckrodt Group Inc)
Notes. (a) The Syndicated Loans of each Bank to the Borrower shall be evidenced by a single Syndicated Loan Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Loans to the BorrowerCommitment.
(b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the Borrower account of its Lending Office in an amount equal to the aggregate unpaid original principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireaggregate Commitments.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)3.01, the Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it to the Borrower and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Springs Industries Inc), Credit Agreement (Flowers Industries Inc /Ga)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Exchange Debt Facility (Rite Aid Corp), PCS Facility Agreement (Rite Aid Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower type, including Swing Loans, be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 ----------- hereto with respect to the Swing Lender and Exhibit A-2 hereto and with respect ----------- to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of ---- such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation -------- or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp), Revolving Credit Agreement (Cabot Industrial Trust)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower type, including Swing Loans, be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A A-1 hereto with respect to the Swing Lender and Exhibit A-2 ----------- ----------- hereto and with respect to any other Bank, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer ---- to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Cabot Corp), Revolving Credit Agreement (Cabot Industrial Trust)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Ace LTD), Credit Agreement (Score Acquisition Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower Borrower, the Administrative Agent and the Documentation Agent, request that its Loans of a particular type to the Borrower (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and delivery of any such Note, any existing Note payable to such Bank shall be replaced or modified accordingly. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.3(b)(iii).
(e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date.
(f) There shall be no more than ten (10) Euro-Dollar Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(d), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Term Loan Agreement (Rite Aid Corp), Term Loan Agreement (Rite Aid Corp)
Notes. (a) The Each Bank's Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Target Corp), 364 Day Credit Agreement (Target Corp)
Notes. (a) The Term Loans and the Revolving Loans of each Bank to the Borrower Lender shall each be evidenced by a single Note Note, substantially in the form of the Borrower Exhibits B-1 and B-2 hereto, payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLender’s Term Loan and Revolving Commitment, respectively.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note Lender’s Notes pursuant to Section 3.01(a3.02(b), the Administrative Agent shall forward such Note Notes to such BankLender. Each Bank Lender shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Multi Year Credit Agreement (Park Place Entertainment Corp), Credit Agreement (Caesars Entertainment Inc)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Guidant Corp), Credit Agreement (Guidant Corp)
Notes. (a) The Loans of each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such BankLender's Loans to the BorrowerLoans.
(b) Each Bank Lender may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type or Class be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType or Class. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankLender's Note pursuant to Section 3.01(a)3.01, the Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type Type and maturity Class of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the NotesNotes or any other Loan Document. Each Bank Lender is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Metro-Goldwyn-Mayer Inc), Credit Agreement (Metro-Goldwyn-Mayer Inc)
Notes. (a) The Loans of each Each Bank may, by notice to the Borrower shall and the Administrative Agents, request (i) that its Loans be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower.
or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be promptly furnished to the requesting Bank and shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Textron Financial Corp), 364 Day Credit Agreement (Textron Financial Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(d), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Annual Report, Credit Agreement (Cabot Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Bank Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the Borrower’s Commitment.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Bank Note shall be in substantially the form of Exhibit A hereto A-1 with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "“Bank Note" ” of such Bank shall be deemed to refer to and include any or all of such Bank Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Bank Note pursuant to Section 3.01(a3.1(a), the Administrative Agent shall forward such Bank Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Bank Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Bank Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Bank Note and to attach to and make a part of its Bank Note a continuation of any such schedule as and when required.
(d) There shall be no more than ten (10) Euro-Dollar Borrowings and Money Market Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a4.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Valero Energy Corp), Credit Agreement (Valero Energy Corp/Tx)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a4.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Primex Technologies Inc), Credit Agreement (Primex Technologies Inc)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after receiving each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Ultramar Diamond Shamrock Corp), Loan Agreement (Ultramar Diamond Shamrock Corp)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 2 contracts
Sources: Credit Agreement (Trigon Healthcare Inc), Credit Agreement (Trigon Healthcare Inc)
Notes. (a) The Syndicated Loans of each Bank to the Borrower shall be ----- evidenced by a single Syndicated Loan Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Commitment. The Money Market Loans to the Borrower.
(b) Each made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the Borrower account of its Lending Office in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireMoney Market Facility Limit.
(cb) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)3.01, the Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it to the Borrower and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or error in making, any -------- such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (JDN Realty Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.02(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of made by the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower (including, without limitation, Swingline Loans and Money Market Loans) be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Administrative Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Upon the execution and delivery of any such Note, any existing Note payable to such Bank shall be returned to Borrower and replaced or modified accordingly. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each any Bank's Note pursuant to Section 3.01(a3.1(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower, with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the appropriate schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) The Committed Loans shall mature, and the principal amount thereof shall be due and payable, on the Maturity Date. The Swingline Loans shall mature, and the principal amount thereof shall be due and payable, in accordance with Section 2.3(b)(iii).
(e) Each Money Market Loan included in any Money Market Borrowing shall mature, and the principal amount thereof shall be due and payable, together with accrued interest thereon, on the earlier to occur of (i) last day of the Interest Period applicable to such Borrowing or (ii) the Maturity Date.
(f) There shall be no more than seven (7) Euro-Dollar Groups of Loans and no more than ten (10) Money Market Loans outstanding at any one time.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with --------- appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank ---- shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or -------- endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower Lender shall each be evidenced by a single Note of the Borrower payable to the order of such Bank for Lender. Each reference in this Agreement to the account "Note" of a Lender shall be deemed to refer to and include the Notes of such Lender described in this Section, as the context may require.
(b) Each Lender may, by notice to the Borrower, request that each of its Applicable Lending Office Loans made to the Borrower hereunder be evidenced by a separate Note in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such 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(a), 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 to the Borrower 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 to the Borrower 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 of each Bank to the Borrower shall be evidenced by a single Note the Bank Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Bank Note shall be in substantially the form of Exhibit A hereto ------- A-1 with appropriate modifications to reflect the fact that it evidences solely --- Loans of the relevant type. Each reference in this Agreement to the "Bank Note" --------- of such Bank shall be deemed to refer to and include any or all of such Bank Notes, as the context may require.
(c) Upon receipt of each Bank's Bank Note pursuant to Section 3.01(a3.1(a), the Administrative Agent shall forward such Bank Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Bank Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to -------- make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Bank Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Bank Note and to attach to and make a part of its Bank Note a continuation of any such schedule as and when required.
(d) There shall be no more than ten (10) Euro-Dollar Borrowings (which shall include Money Market Borrowings) outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Sources: Revolving Credit Agreement (Carramerica Realty Corp)
Notes. (a) The Each Bank's Loans of each Bank to the Borrower Class shall be evidenced by a single Note of (in the Borrower form applicable to such Class) payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount Commitment of such Bank's Loans to the BorrowerBank of such Class.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type and Class be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount Commitment (or in the case of a Note evidencing Term Loans, the aggregate Term Loans) of such LoansBank of such Class. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Ex▇▇▇▇▇ ▇- ▇ ▇ereto applicable to the relevant Class with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a3.03(k), the Agent shall forward such Note Notes to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement or any error in such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans Loan of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoan.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that a portion of its Loans Loan of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loansportion. 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 portions of a Loan of the relevant type. Each reference in this Agreement to the '"NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment its Loan and all repayments of principal made with respect thereto, thereof and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstandingLoan; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower.Office
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Iomega Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a)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 to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Dean Foods Co)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typetype for such Bank. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredrequired which continuation shall be deemed correct absent manifest error.
Appears in 1 contract
Notes. (a) The Each Lender's Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Interest Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto A-1 hereto, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeInterest Type. Each reference in this Agreement to the "Note" of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each BankLender's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such BankLender. Each Bank Lender shall record the date, amount, type amount and maturity Interest Type of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each the then outstanding Loans evidenced by such Loan to the Borrower then outstandingNote; provided that neither the failure of any Bank Lender to make any such recordation or endorsement nor any error therein shall not affect the obligations of the Borrower hereunder or under the Notesany Financing Document. Each Bank Lender is hereby irrevocably authorized by the Borrower and the Guarantors so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the each Borrower shall be evidenced by a single Note of the such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the a Borrower and the Agent, request that its Loans to such Borrower of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansBorrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b) or 3.03(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it to the each Borrower and the date and amount of each payment of principal made by such Borrower with respect theretothereto and, in the case of Money Market Loans denominated in an Alternative Currency, the currency, amount and Dollar Amount of such Loans, and may, if such Bank so elects in connection with any transfer or enforcement of any of its NoteNotes, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the of such Borrower then outstanding; provided that (and each Borrower understands and agrees that) the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Footstar Inc)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be substantially in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a), 3.01 (b) the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Guidant Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Corporate Realty Consultants Inc)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after receiving each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "NoteNOTE" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower any Obligor hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Ace LTD)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) The Administrative Agent will upon request of the Borrower from time to time furnish information to the Borrower as to the types and amounts of Loans outstanding hereunder.
Appears in 1 contract
Sources: 364 Day Credit Agreement (Toyota Motor Credit Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.2(e), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Borrower's obligation to repay the Loans of made to it by each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "NoteNOTE" 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(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 to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the 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
Notes. (a) The Loans of each Bank to the each Borrower shall be evidenced by a single Note of the such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the such Borrower.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular currency or type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, currency, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the each Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans Loans. Prior to the Borrowersyndication referred to in Section 5.13, the Loans of each Bank shall be evidenced by the Note issued to such Bank under the Original Credit Agreement.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(c), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the Borrowerrespective 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 to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto ▇-▇, ▇-▇, ▇-▇ 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(a)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement 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 Term A Loans of each Bank to the Borrower 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 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 each Bank's Loans to the Borrower.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such 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(a)2.3, the Agent shall forward promptly mail or deliver such Note Notes to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect theretoon its books, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Notes shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information date, 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 to each such Loan to the Borrower then outstandingthereto; 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 to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with --------- appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank ---- shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation -------- or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than one (1) Euro-Dollar Borrowing outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided 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 (Turner Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of 136 such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower Company and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Company with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Company so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Masco Corp /De/)
Notes. (a) The Borrower’s obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower’s Loans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.. 18
(c) Upon receipt of Promptly after receiving each Bank's Note pursuant to Section 3.01(a), 3.01
(d) the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Bridge Loan Agreement (Ultramar Diamond Shamrock Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower type, including Swing Loans and Money Market Loans, be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. 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(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp)
Notes. (a) The Loans of each Bank Each Lender may, by notice to the Company and the Agent, request (i) that its Loans to any Borrower shall be evidenced by a single Note of the such Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Lender’s Loans to the Borrower.
such Borrower or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type Type to the any Borrower be evidenced by a separate Note of the such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" “Notes” of such Bank Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank Lender shall record the date, amount, type Type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank Lender to make any such recordation or endorsement shall not affect the obligations of the any Borrower hereunder or under the Notes. Each Bank Lender is hereby irrevocably authorized by the Borrower Borrowers so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Revolving Credit Loans of each Bank to the Borrower shall be evidenced by a single Revolving Credit Note of Borrower dated the Borrower date hereof and payable to the order of such Bank for the account of its Applicable Lending Office in an a principal amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be Commitment in substantially the form of Exhibit A attached hereto (with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notesinsertions) (collectively, as the context same may requirefrom time to time be amended, modified extended or renewed, the "Notes").
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Revolving Credit Loan made by it to the Borrower and the date and amount of each payment of principal made by Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule schedules forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Revolving Credit Loan to the Borrower then outstanding; provided provided, however, that the obligation of Borrower to repay each Revolving Credit Loan hereunder shall be absolute and unconditional, notwithstanding any failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notesany mistake by any Bank in connection with any such recordation or endorsement. Each Bank is hereby irrevocably authorized by the Borrower to so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required. The books and records of each Bank (including, without limitation, the schedules attached to its Note) showing the account between such Bank and Borrower shall be admissible in evidence in any action or proceeding and shall constitute prima facie proof of the items therein set forth in the absence of manifest error.
Appears in 1 contract
Notes. (a) The Borrower's obligation to repay the Loans of made to it by each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower payable to the order of such Bank Lender for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank Lender may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Lender's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank 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(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 to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank Lender so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the 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
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward deliver such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Shopko Stores Inc)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with appropriate --------- modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be ---- deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a)Note, the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the -------- failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than ten (10) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) The Loans of each Each Bank may, by notice to the Borrower shall and the Administrative Agent, request (i) that its Loans be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's ’s Loans to the Borrower.
or (bii) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be promptly furnished to the requesting Bank and shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(cb) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Pacificorp /Or/)
Notes. (a) The Any Bank may request that the Loans of each such Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower’s Loans.
(b) Each Bank that has requested that its Loans be evidenced by a Note may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(a3.01(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Term Loan Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto hereto, with appropriate --------- modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be ---- deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation -------- or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than seven (7) Euro-Dollar Borrowings outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower Company and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Company with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Company so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Quaker State Corp)
Notes. (a) The Syndicated Loans of each Bank to the Borrower shall be evidenced by a single Syndicated Dollar Loan Note in an amount equal to the original principal amount of the Borrower such Bank's Commitment and a single Foreign Currency Loan Note, each 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 the Borrower shall be evidenced by a 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 Bank's Loans to the Borrower.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireCommitments.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)3.01, the Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it to the Borrower and it, the date and amount of each payment of principal made by the Borrower with respect thereto, whether such Loan is a Base Rate Loan, Euro-Dollar Loan or Foreign Currency Loan, and mayif a Foreign Currency Loan, if a specification of the Foreign Currency, and such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingprincipal 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 (Culp Inc)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.affect
Appears in 1 contract
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided 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
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower any Obligor hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Ace LTD)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrowerat any time.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a)Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that neither the failure of by any Bank to make any such recordation or endorsement endorsement, nor any error therein, shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Venator Group Inc)
Notes. (a) The Syndicated Loans of each Bank to the Borrower shall be evidenced by a single Syndicated Loan Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid original principal amount of such Bank's Commitment. The Swing Loans shall be evidenced by a single Swing Loan Note payable to the Borrowerorder of Wachovia in the original principal amount of $15,000,000.
(b) Each The Money Market Loans made by any Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower shall be evidenced by a separate single Money Market Loan Note payable to the order of such Bank for the Borrower account of its Lending Office in an amount equal to the aggregate unpaid original principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may requireaggregate Commitments.
(c) Upon receipt of each Bank's Note Notes pursuant to Section 3.01(a)3.01, the Agent shall forward deliver such Note Notes to such Bank. Each Bank shall record record, and prior to any transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to evidence, the date, amount, type amount and maturity of of, and effective interest rate for, each Loan made by it to the Borrower and it, the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement schedules of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to Bank's Notes shall constitute rebuttable presumptive evidence of the Borrower then outstandingrespective principal amounts owing and unpaid on such Bank's Notes; provided that the failure of any Bank to make make, or any error in making, any such recordation or endorsement shall not affect the obligations obligation of the Borrower hereunder or under the Notes or the ability of any Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its any Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower.Office
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" Note of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the a Bank's failure of any Bank to make any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Iomega Corp)
Notes. (a) __The Loans Loan of each Bank to the Borrower Lender shall be evidenced by a single Note of the Borrower Borrowers, in substantially the form of Exhibit B hereto, payable to the order of such Bank for Lender and representing the account obligations of its Applicable Lending Office in the Borrowers to pay an amount equal to the lesser of (A) the Commitment of such Lender and (B) the aggregate unpaid principal amount of the Loan from time to time outstanding from such Bank's Loans Lender, together with interest thereon. Each Lender is hereby authorized to and shall endorse the Borrowerdate and amount of its Loan, the Interest Periods during which any portion of such Loan is a Loan and each payment or prepayment of principal thereof on the schedule (including additional pages thereto added by such Lender as required) annexed to and constituting a part of its Note, which endorsement shall constitute prima facie evidence of the accuracy of the information so endorsed; provided, however, that the failure of any Lender to insert any such date or amount or other information on such schedule shall not in any manner affect the obligation of the Borrower to repay any Loan in accordance with the terms of this Agreement.
(b) Each Bank mayNote shall (i) except as otherwise provided in Section 10.17, by notice to the Borrower and the Agentor 12.1 hereof, request that its Loans of a particular type to the Borrower be evidenced by a separate Note dated as of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall Effective Date, (ii) be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect theretopayable at its Maturity, and may, if such Bank so elects (iii) bear interest in connection accordance with any transfer or enforcement the provisions of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when requiredSection 2.3 hereof.
Appears in 1 contract
Sources: Revolving Credit and Guaranty Agreement (Cornerstone Properties Inc)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided Provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower CREDIT AGREEMENT, PAGE 11 17 hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Quaker State Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower Type be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeType. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(b), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type Type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Cone Mills Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower Company and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a)(iii), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type date and maturity amount of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Company with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower Company hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower Company so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower’s Loans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(a3.1(b), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
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 the Borrower this Agreement) 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 Office. Each Bank agrees that it will, promptly after the Effective Date, deliver to the aggregate unpaid principal amount of such Bank's Loans 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).
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular Class or type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto A, 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(a2.03(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 to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Exchange Agreement (Perini Corp)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower and the Lead Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto 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(a)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 to the Borrower and the date and amount of each payment of principal made by Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
(d) There shall be no more than 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 to the Borrower shall be ----- evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward mail such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with prior to any transfer or enforcement of its Note, Note shall endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to -------- make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerCommitment.
(b) Each Bank may, by notice to the Borrower Borrower, the Lead Agent and the Managing Co-Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Any additional costs incurred by the Lead Agent, the Borrower or the Banks in connection with preparing such a Note shall be at the sole cost and expense of the Bank requesting such Note. In the event any Loans evidenced by such a Note are paid in full prior to the Maturity Date, any such Bank shall return such Note to Borrower. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Lead Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.with
Appears in 1 contract
Sources: Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)
Notes. (a) The Each Bank’s Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the Borrower’s Loans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's ’s Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type amount and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.to
Appears in 1 contract
Sources: Credit Agreement (Target Corp)
Notes. (a) The At the request of any Bank, its Loans of each Bank to the Borrower shall be evidenced by a single Note the Notes, each of the Borrower which shall be payable to the order of such each applicable Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of each such Bank's Loans to the Borrower’s Commitment.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower Class be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansBank’s Loans of such Class. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as applicable, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant typeClass for such Bank. Each reference in this Agreement to the "“Note" ” of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a)’s Note, the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note Notes and to attach to and make a part of its Note Notes a continuation of any such schedule as and when required.
(d) There shall be no more than ten (10) Euro-Dollar Revolving Borrowings, and no more than four (4) Euro-Dollar Term Loan Borrowings, outstanding at any one time pursuant to this Agreement.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the each Borrower shall be evidenced by a single (i) one Note of the such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to such Borrower pursuant to the Borrower364-Day Revolver and (ii) one Note of such Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to such Borrower pursuant to the Multi-Year Revolver.
(b) Each Bank may, by notice to the Borrower Borrowers and the Agent, request that its Loans of a particular type to the a Borrower be evidenced by a separate Note of the such Borrower in an amount equal to the aggregate unpaid principal amount of such Loans, in which case any Note then held by such Bank that would otherwise evidence Loans of such type shall be appropriately modified to reflect the fact that it does not evidence Loans of such type. Each such Note shall be in substantially the form of Exhibit A hereto A-1 or Exhibit A-2 hereto, as the case may be, with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to a "Note" or the "NoteNotes" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Hancock John Financial Services Inc)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Documentation Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Credit Agreement (Cisco Systems Inc)
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.1(a), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Documentation Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.02(b), the Documentation 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 the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided PROVIDED that the failure of any Bank to make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Notes. (a) The Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerLoans.
(b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of each Bank's Note pursuant to Section 3.01(a3.01(b), the Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided that the failure of any Bank to make any such recordation or endorsement endorsement, or any error in the making thereof, shall not affect the obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required...
Appears in 1 contract
Notes. (a) The Borrower's obligation to repay the Loans of each Bank to the Borrower shall be evidenced by a single Note of the Borrower payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans to the BorrowerOffice.
(b) Each Bank may, by notice to the Borrower and the Administrative Agent, request that its the Borrower's obligation to repay such Bank's Loans of a particular type to the Borrower be evidenced by a separate Note of the Borrower in an amount equal to the aggregate unpaid principal amount of such LoansNote. Each such Note shall be in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences relates solely to Loans of the relevant type. Each reference in this Agreement to the "Note" of such Bank shall be deemed to refer to and include any or all of such Notes, as the context may require.
(c) Upon receipt of Promptly after it receives each Bank's Note pursuant to Section 3.01(a), the Administrative Agent shall forward such Note to such Bank. Each Bank shall record the date, amount, amount and type and maturity of each Loan made by it to the Borrower and the date and amount of each payment of principal made by the Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Loan to the Borrower then outstanding; provided PROVIDED that the a Bank's failure of any Bank to make (or any error in making) any such recordation or endorsement shall not affect the Borrower's obligations of the Borrower hereunder or under the Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Note and to attach to and make a part of its Note a continuation of any such schedule as and when required.
Appears in 1 contract
Sources: Senior Reducing Revolving Credit Facility (Bellwether Exploration Co)