Common use of Promise to Pay; Promissory Notes Clause in Contracts

Promise to Pay; Promissory Notes. (a) Borrowers agree to pay the Lender Group Expenses on the earlier of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)) (provided, however, that Agent shall endeavor to provide advance notice (and an invoice) for all Lender Group Expenses in respect of or constituting costs incurred in connection with field examinations, appraisals, and legal fees and costs, but the Agent’s failure to provide such notice (or invoice) shall not limit Agent’s rights under this Section 2.5(a)). Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrowers agree that their obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)

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Promise to Pay; Promissory Notes. (a) Borrowers agree to pay the Lender Group Expenses on the earlier of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)) (); provided, however, that Agent shall endeavor to provide advance notice (shall, so long as no Event of Default has occurred and an invoice) for all is continuing, notify Administrative Borrower in writing at or before the time Lender Group Expenses in respect consisting of or constituting costs incurred in connection with fees and expenses for field examinations, appraisals, and legal valuations or attorneys’ fees and costslegal expenses are payable, but the Agent’s a non-willful failure of Agent to provide such notice (or invoice) so notify Administrative Borrower shall not limit Agent’s rights under be a breach of this Section 2.5(a))Agreement. Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, reasonable and documented costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrowers agree that their obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 1 contract

Samples: Credit Agreement (Accuride Corp)

Promise to Pay; Promissory Notes. (a) Borrowers agree Borrower agrees to pay the Lender Group Expenses on the earlier of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)) (provided, however, that Agent shall endeavor to provide advance notice (and an invoice) for all Lender Group Expenses in respect of or constituting costs incurred in connection with field examinations, appraisals, and legal fees and costs, but the Agent’s failure to provide such notice (or invoice) shall not limit Agent’s rights under this Section 2.5(a)). Borrowers promise Borrower promises to pay all of the Revolver Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in respect thereof) in full on the Revolver Maturity Date or, if earlier, on the date on which the Revolver Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrowers agree Borrower agrees that their its obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Freshpet, Inc.)

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Promise to Pay; Promissory Notes. (a) Borrowers agree Borrower agrees to pay the Lender Group Expenses owing by Borrower on the earlier of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the applicable Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)) (provided, however, that Agent shall endeavor to provide advance notice (and an invoice) for all Lender Group Expenses in respect of or constituting costs incurred in connection with field examinations, appraisals, and legal fees and costs, but the Agent’s failure to provide such notice (or invoice) shall not limit Agent’s rights under this Section 2.5(a)). Borrowers promise Borrower promises to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) owing by Borrower in full on the Maturity Date or, if earlier, on the date on which the such Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrowers agree Borrower agrees that their obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 1 contract

Samples: Credit Agreement (Birks Group Inc.)

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