Common use of Repayment of Loans; Evidence of Debt Clause in Contracts

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been made. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, and (ii) the amounts of all sums received by the Agents hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 7 contracts

Sources: Credit Agreement (WABCO Holdings Inc.), Credit Agreement (American Standard Companies Inc), Five Year Credit Agreement (American Standard Companies Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 7 contracts

Sources: Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Eagle Materials Inc)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Agent CBNA for the account of each Lender the then unpaid principal amount of each its Revolving Loan made by such Lender Loans on the Maturity Date, Date and (ii) to the Applicable Agent CBNA for the account of each Lender the then unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLoan. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent CBNA shall maintain accounts a Register pursuant to subsection 8.4(d), and an account for each Lender in which it shall record (i) the amount of each Loan made hereunderhereunder and any promissory note evidencing such Loan, the Class Class, Type and Type Currency thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents CBNA hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or Agent CBNA to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenote for its Competitive Loans and a promissory note for its Revolving Loans. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the a form attached hereto as Exhibit F. approved by CBNA. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 6 contracts

Sources: Five Year Competitive Advance and Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Five Year Competitive Advance and Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Five Year Competitive Advance and Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender Borrower on the Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Loan of such Borrower on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan of such Borrower on the earlier of the Maturity Date and the first date day that is (x) no more than 15 days after such Swingline Loan is made (it being understood that is the 15th day or the last day of a calendar month and that is at least one Business Day after will be the day on which after such Swingline Loan shall have been is made and if such 15th day is not a Business Day, such Swingline Loan will be due on the next succeeding Business Day) and (y) at least two Business Days after such Swingline Loan is made. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type (and, in the case of a Multicurrency Loan, the currency) thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent and the Company. Thereafter, the Loans evidenced by each such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 6 contracts

Sources: Five Year Credit Agreement (Dun & Bradstreet Corp/Nw), Five Year Credit Agreement (Dun & Bradstreet Corp/Nw), Credit Agreement (Dun & Bradstreet Corp/Nw)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of each Revolving Facility Loan of such Lender to the Borrower on the Revolving Facility Maturity Date applicable to such Revolving Facility Loans and (ii) to the Administrative Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Term Loan on of such Lender to the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeBorrower as provided in Section 2.10. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) any amount received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph clause (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence existence, currencies and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenote (a “Note”). In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent and reasonably acceptable to the Borrower. Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if requested by such promissory note is a registered notepayee, to such payee and its registered assigns).

Appears in 5 contracts

Sources: First Lien Credit Agreement and Security Agreement (Exela Technologies, Inc.), First Lien Credit Agreement, First Lien Credit Agreement (Exela Technologies, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, Date and (ii) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Term Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLender as provided in Section 2.09. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower to such Lender resulting from each Loan made The records maintained by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, and (ii) the amounts of all sums received by the Agents hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of and the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section Lenders shall be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of the Administrative Agent or any Lender or Agent to maintain such accounts records or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a registered promissory note; provided that any such promissory notes to be issued on the Effective Date shall be requested by the relevant Lender at least 3 Business Days prior to such date. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form Administrative Agent, it being agreed that the Form of Term Loan Promissory Note attached hereto as Exhibit F. J-1 and the Form of Revolving Loan Promissory Note attached hereto as Exhibit J-2 are approved. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns); provided that in the event of any assignment of Loans evidenced by a promissory note, the Borrower shall not be obligated to execute and deliver a promissory note to the assignee of such Loans unless and until the assigning Lender has returned its promissory note to the Borrower or the Borrower has received a lost note affidavit and indemnity from the assigning Lender in form and substance reasonably acceptable to the Borrower.

Appears in 5 contracts

Sources: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Applicable Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding and (ii) to the Administrative Agent for the account of each applicable Lender the then unpaid principal amount of each Revolving Loan on the Revolving Maturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that the Loans of any Class made by it be evidenced by a promissory note. In such event, each the Applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 5 contracts

Sources: Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Tupperware Brands Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 5 contracts

Sources: Loan Agreement (Cheesecake Factory Inc), Loan Agreement (Cheesecake Factory Inc), Credit Agreement (Iris International Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by such Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date that is 10 Business Days after such Swingline Loan is made and (B) the Revolving Maturity Date; provided that on each date that a Revolving Loan Borrowing in any currency is made, the 15th day or Borrower shall repay all Swingline Loans in such currency that were outstanding on the last day date such Borrowing was requested. Each Borrower Party, jointly and severally, hereby unconditionally promises to pay to the Administrative Agent for the account of a calendar month and that is at least one Business Day after each Lender the day on which then unpaid principal amount of each Term Loan of such Swingline Loan shall have been madeLender as provided in Section 2.10. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower Parties to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower Parties to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Parties to pay any Borrower to repay the Loans amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section, the accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section shall control. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower Parties shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form provided by the form attached hereto as Exhibit F. Thereafter, Administrative Agent and approved by the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Borrower.

Appears in 4 contracts

Sources: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.), Credit Agreement (Avago Technologies LTD)

Repayment of Loans; Evidence of Debt. (ai) Each The Borrower of each Revolving Facility Loan hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of each Revolving Facility Loan of which it is the Borrower on the Revolving Facility Maturity Date applicable to such Revolving Facility Loans and (ii) Jazz Lux hereby unconditionally promises to pay in Dollars or Euros, as applicable, to the Administrative Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Term Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLender as provided in Section 2.10. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each any Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Facility, Class and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) any amount received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph clause (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the applicable Borrower to repay the its Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenote (a “Note”). In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. H, or in another form approved by such Lender, the Administrative Agent and the applicable Borrower in their sole discretion. Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if requested by such promissory note is a registered notepayee, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Committed Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on not later than seven days after the earlier of the Maturity Date and the first date after such Swingline Loan is made. In addition, if the total Credit Exposures exceeds the Total Commitment, the Borrower shall pay to the Administrative Agent for the account of each Lender an aggregate principal amount of Committed Loans or Swingline Loans sufficient to cause the total Credit Exposures not to exceed the Total Commitment; provided, however, if the repayment of the outstanding Committed Loans and/or Swingline Loans does not cause the total Credit Exposures, to be equal to or less than the Total Commitment, the Borrower shall deposit in an account with the Administrative Agent in the name of the Administrative Agent and for the benefit of the Lenders, an amount in cash equal to the amount by which the total Credit Exposures exceeds the Total Commitment, which cash deposit shall be held by the Administrative Agent for the payment of the Obligations of the Borrower under this Agreement and the other Loan Documents. The Administrative Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account other than any interest earned on the investment of such deposit (which investments shall be made that is at the 15th day option and sole discretion of the Administrative Agent, but only in investments rated at least AA (or the last day of a calendar month and that is equivalent) by at least one Business Day after the day on which such Swingline Loan nationally recognized rating agency, unless an Event of Default shall have occurred and be continuing, and in any event at the Borrower’s risk and expense). Interest or profits, if any, on such investments shall accumulate in such account. Moneys in such account shall be applied by the Administrative Agent to reimburse each Issuing Bank for LC Disbursements for which it has not been madereimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations of the Borrower for the LC Exposure at such time, or if the maturity of the Loans has been accelerated (but subject to the consent of the Lenders with LC Exposure representing greater than 51% of the total LC Exposure), be applied to satisfy other obligations of the Borrower under this Agreement and the other Loan Documents. At any time when the sum of the total Credit Exposures does not exceed the Total Commitment and so long as no Default under Section 7.01(b) or Event of Default shall then exist, upon the request of the Borrower the amount of such deposit (to the extent not applied as aforesaid) shall be returned to the Borrower within three Business Days after receipt of such request. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (bSection 2.09(b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error or conflict therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory noteCommitted Note or a Swingline Note, as applicable. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (orCommitted Note or a Swingline Note, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. applicable. Thereafter, the Loans evidenced by such promissory note Committed Note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.05) be represented by one or more promissory notes Committed Notes in such form forms payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)therein.

Appears in 4 contracts

Sources: First Amendment (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Global Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Global Borrowing is made, the Borrowers shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the currency, Class and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (bSection 2.09(b) or (c2.09(c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the any failure of by any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall prepare, execute and deliver promptly to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date fifth (5th) Business Day after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day or Borrower shall repay all Swingline Loans then outstanding and the last day proceeds of a calendar month and that is at least one Business Day after any such Borrowing shall be applied by the day on which such Administrative Agent to repay any Swingline Loan shall have been madeLoans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. H. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)form.

Appears in 3 contracts

Sources: Credit Agreement (Sprouts Farmers Market, Inc.), Credit Agreement (Almost Family Inc), Credit Agreement (Natus Medical Inc)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan owed by Borrower on the earlier Maturity Date. All payments or repayments of the Maturity Date and the first date after such Swingline Loan is Loans made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan pursuant to this Section 2.07(a) shall have been madebe made in Dollars. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and applicable thereto and, to the extent applicable, the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.07 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in substantially the form of with respect to Loans, in the form of a revolving loan note attached hereto as Exhibit F. C (each such note, a “Revolving Loan Note”). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD), Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD), Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing or Competitive Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Tranche B Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (AGA Medical Holdings, Inc.), Credit Agreement (Ameripath Inc), Credit Agreement (AGA Medical Holdings, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date 10 Business days after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. F (each a “Note”). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Industrial Property Trust Inc.), Credit Agreement (Industrial Property Trust Inc.), Credit Agreement (Industrial Property Trust Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Revolving Credit Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Term Loan Maturity Date and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Revolving Credit Maturity Date and (B) the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form reasonably approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.), Credit Agreement (Huntington Ingalls Industries, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Borrower The Borrowers hereby unconditionally promises unconditionally, jointly and severally promise to pay (i) to the Applicable Administrative Agent for the account of each Lender or the Swingline Lender, as applicable, the then unpaid principal amount of each Revolving Loan made by such Lender and Swingline Loan on the Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan Protective Advance on the earlier of the Maturity Date and demand by the first date Administrative Agent, and (iii) to the Administrative Agent the then unpaid principal amount of each Overadvance on the earliest of the Maturity Date, the 30th day after such Swingline Loan Overadvance is made that is and demand by the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeAdministrative Agent. (b) At all times that full cash dominion is in effect pursuant to Section 7.3 of the Security Agreement, on each Business Day, the Administrative Agent shall apply all funds credited to the Collection Account the previous Business Day (whether or not immediately available) first to prepay any Protective Advances and Overadvances that may be outstanding, pro rata, and second to prepay the Revolving Loans and Swing Line Loans and to cash collateralize outstanding LC Exposure. (c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the accounts maintained pursuant to paragraph (bc) or (cd) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower the Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of Maturity Date; provided that on each date that a Revolving Borrowing is made, the Maturity Date and Borrower shall repay all Swingline Loans that were outstanding on the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeBorrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (American Media Inc), Revolving Credit Agreement (Ami Celebrity Publications, LLC), Revolving Credit Agreement (Ami Celebrity Publications, LLC)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Loan Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Unless all Lenders otherwise agree, the Loans of any Class made by it each Lender shall be evidenced by a promissory notenote substantially in the form of Exhibit C (each, a “Note”). In such event, each The Borrower shall execute and deliver to such each Lender a promissory note Note or Notes payable to the order of such Lender (or, if requested by with blanks completed to the satisfaction of such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/)

Repayment of Loans; Evidence of Debt. (a) Each Borrower The Borrowers hereby unconditionally promises promise to pay to (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Loan is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it such Lender be evidenced by a promissory note. In such event, each Borrower the Borrowers shall execute and deliver to such Lender a promissory note substantially in the form of Exhibit C (each, a “Note”) payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. ). Thereafter, the Loans evidenced by such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein (or, if such promissory note Note is a registered note, to such payee and its registered assigns). (f) Each of the Borrowers shall be jointly and severally liable with the other Borrowers for the payment of the principal of and interest on the Loans, the LC Exposure, the Revolving Credit Commitment Fee, all other fees and all other amounts payable under this Agreement and the other Financing Documents and all Derivative Obligations to which a Lender is a party (collectively, the “Obligations”), and each of the Obligations shall be secured by all of the Collateral. Each of the Borrowers acknowledges that it is a co-borrower hereunder and is jointly and severally liable under this Agreement and the other Financing Documents. All credits extended to any of the Borrowers or requested by any of the Borrowers shall be deemed to be credits extended for each of the Borrowers, and each of the Borrowers hereby authorizes each other of the Borrowers to effectuate Loans or Letters of Credit on its behalf. Notwithstanding anything to the contrary contained in this Agreement or any of the other Financing Documents, the Administrative Agent, the Issuing Banks and the Lenders shall be entitled to rely upon any request, notice or other communication received by them from any of the Borrowers on behalf of all Borrowers, and shall be entitled to treat their giving of any notice hereunder to any of the Borrowers as notice to each and all Borrowers. Each of the Borrowers agrees that the joint and several liability of the Borrowers provided for in this subsection (f) shall not be impaired or affected by any modification, supplement, extension or amendment or any contract or agreement to which the other Borrowers may hereafter agree (other than an agreement signed by the Administrative Agent and the Lenders specifically releasing such liability), nor by any delay, extension of time, renewal, compromise or other indulgence granted by the Administrative Agent or any Lender with respect to any of the Obligations, nor by any other agreements or arrangements whatsoever with the other Borrowers or with any other person, each of the Borrowers hereby waiving all notice of such delay, extension, release, substitution, renewal, compromise or other indulgence, and hereby consenting to be bound thereby as fully and effectually as if it had expressly agreed thereto in advance. The liability of each of the Borrowers is direct and unconditional as to all of the Obligations, and may be enforced without requiring the Administrative Agent or any Lender first to resort to any other right, remedy or security. Each of the Borrowers hereby expressly waives promptness, diligence, notice of acceptance and any other notice with respect to any of the Obligations and any requirement that the Administrative Agent or any Lender protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against any of the Borrowers or any other person or any collateral. Each of the Borrowers hereby irrevocably subordinates and makes junior to the Obligations each of the other Borrower’s “claims” (as defined in Section 101(5) of the Bankruptcy Code) to which such Borrowers are or would be entitled by virtue of the provisions of this subsection (f) or the performance of such Borrower’s obligations thereunder including any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, exoneration or similar right, or indemnity, or any right of recourse to security for any of the Obligations unless and until all of the Obligations to the Administrative Agent and the Lenders have been indefeasibly paid in full.

Appears in 3 contracts

Sources: Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay to the Administrative Agent (i) to the Applicable Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Termination Date, (ii) to the Applicable Agent for the account of each Lender the then unpaid principal amount of each Competitive ABR Loan deemed to be made pursuant to Section 2.04(d) on the last day of the Interest Period applicable maturity date therefor as determined pursuant to such Loan Section 2.04(d) and (iii) to for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first maturity date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madetherefor as determined pursuant to Section 2.03. (b) Each Lender (including the Swingline Lender) shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan (including each Swingline Loan) made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders (including the Swingline Lender) and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender (including the Swingline Lender) may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0411.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Revolving Credit Agreement (Nisource Inc/De), Revolving Credit Agreement (Nisource Finance Corp), Revolving Credit Agreement (Nisource Inc/De)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by to such Lender Borrower on the Maturity Date, (ii) to Date in the Applicable Agent for the account currency of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iiiii) in the case of the Company, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first fifteenth Business Day after the date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been made. (ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (ed) Any Lender may request that Loans of any Class made by it to any Borrower be evidenced by a promissory note. In such event, each the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent and the Company. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Fiserv Inc), Credit Agreement (Fiserv Inc), Credit Agreement (Fiserv Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier to occur of (x) the Maturity Date and the first date ten Business Days after such Swingline Loan is made that is and (y) the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeMaturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Type and Type Facility thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans and other Obligations in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two (2) Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph clause (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Deluxe Corp), Credit Agreement (Deluxe Corp), Credit Agreement (Deluxe Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of each Revolving Facility Loan to the Borrower on the Revolving Facility Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Term Loan made by of such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Facility Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Facility Borrowing is made by the Borrower, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Facility and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) any amount received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenote (a “Note”). In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Goodman Holding CO), Credit Agreement (Hexion Specialty Chemicals, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of the appropriate Lender (i) the then unpaid principal amount on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8.2) of each Revolving Credit Loan of such Lender made to the Borrower and (ii) the then unpaid principal amount on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8.2) of each Swing Line Loan of such Swing Line Lender made to the Borrower. The Borrower hereby further agrees to pay interest to the Administrative Agent for the account of the appropriate Lender on the unpaid principal amount of each Revolving Loan the Loans made by such Lender to it from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the Maturity Datedates, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeset forth in Section 2.11. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Indebtedness of each Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.7(c), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan to the Borrower made hereunderhereunder and any Note evidencing such Loan, the Class Type of such Loan and Type thereof and the each Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Agents Administrative Agent hereunder from or for the accounts account of the Lenders Borrower and each Lender’s share thereof. Each other Agent shall promptly provide In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Administrative Agent with all information needed to maintain such accounts in respect of such matters, the Loans administered by such Agentaccounts and records of the Administrative Agent shall control in the absence of manifest error. (d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.5(b) or (c) of this Section shall shall, to the extent permitted by applicable Law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of any the Borrower to repay (with applicable interest) the Loans made to it by such Lender in accordance with the terms of this Agreement. (e) Any Lender may The Borrower agrees that, upon the request that Loans of to the Administrative Agent by any Class made by Lender, it be evidenced by a promissory note. In such event, each Borrower shall will execute and deliver to such Lender a promissory note payable of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, made by such Lender to the order Borrower, substantially in the forms of Exhibit C-1 or C-2, respectively, with appropriate insertions as to date and principal amount. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (f) In addition to the accounts and records referred to herein above, each Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit and Swing Line Loans. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereaftermatters, the Loans evidenced by such promissory note accounts and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order records of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Administrative Agent shall control in the absence of manifest error.

Appears in 3 contracts

Sources: Credit Agreement (OneBeacon Insurance Group, Ltd.), Credit Agreement (OneBeacon Insurance Group, Ltd.), Credit Agreement (White Mountains Insurance Group LTD)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date that is ten (10) Business Days after such Swingline Loan is made and (B) the Revolving Maturity Date; provided that on each date that a Revolving Borrowing is made, the 15th day or Borrower shall repay all Swingline Loans that were outstanding on the last day of a calendar month and that is at least one Business Day after the day on which date such Swingline Loan shall have been madeBorrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section, the accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section shall control. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form provided by the form attached hereto as Exhibit F. Thereafter, Administrative Agent and approved by the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Borrower.

Appears in 3 contracts

Sources: Credit Agreement (Endurance International Group Holdings, Inc.), Credit Agreement (Sra International Inc), Credit Agreement (Rural/Metro Corp /De/)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made, provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans that were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide , which accounts the Administrative Agent with all information needed will make available to maintain such accounts in respect of the Loans administered by such AgentBorrower upon its reasonable request. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Borrower and the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made, provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans that were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide , which accounts the Administrative Agent with all information needed will make available to maintain such accounts in respect of the Loans administered by such AgentBorrower upon its reasonable request. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Borrower and the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Amendment and Restatement Agreement (On Semiconductor Corp), Credit Agreement (Semiconductor Components Industries LLC), Credit Agreement (SCG Holding Corp)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made owed by such Borrower to such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan owed to such Swingline Lender by such Borrower on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, such Borrower shall have been maderepay all Swingline Loans of such Borrower then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any each Borrower to repay the its Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender (i) the principal amount of each Term Loan of such Lender made to the Borrower as provided in Section 2.11 and (ii) the then unpaid principal amount of each Revolving Loan made by of such Lender made to the Borrower on the Revolving Credit Maturity Date, (ii) . The Borrower hereby unconditionally promises to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) pay to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one three Business Day Days after the day on which such Swingline Loan shall have been is made. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such LenderLender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement, and shall provide copies of such accounts to the Borrower upon its reasonable request (at the Borrower’s sole cost and expense). (c) The Administrative Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower or any Subsidiary Guarantor and each Lender’s share thereof. Each other Agent , and shall promptly provide the Administrative Agent with all information needed to maintain copies of such accounts in respect of to the Loans administered by such AgentBorrower upon its reasonable request (at the Borrower’s sole cost and expense). (d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall be prima facie conclusive evidence of the existence and amounts of the obligations therein recorded thereinabsent clearly demonstrable error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it hereunder be evidenced by a promissory note. In such event, each the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assignsassigns (i) and in substantially the form attached hereto as of Exhibit F. ThereafterK, the Loans evidenced by if such promissory note relates to Revolving Credit Borrowings or (ii) in the form of Exhibit L, if such promissory note relates to Term Borrowings, or, in any such case, any other form reasonably acceptable to the Administrative Agent. Notwithstanding any other provision of this Agreement, in the event any Lender shall request and interest thereon receive such a promissory note, the interests represented by such note shall at all times (including after any assignment of all or part of such interests pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and or its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay the outstanding Loans as follows: (ia) to the Applicable Administrative Agent for the ratable account of each Lender the unpaid principal amount of each Revolving Loan made by such 364-Day Tranche Lender on the Maturity Date, Date applicable thereto the outstanding principal amount of 364-Day Tranche Loans made to the Borrower then outstanding and (iib) to the Applicable Administrative Agent for the ratable account of each 3-Year Tranche Lender on the unpaid Maturity Date applicable thereto the outstanding principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) 3-Year Tranche Loans made to the Swingline Lender the Borrower then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeoutstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Type and Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Apache Corp), Credit Agreement (APA Corp), Credit Agreement (APA Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender to the Borrower on the Maturity Date, Date applicable to such Revolving Loan and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by such Swingline Lender on the earlier of the Maturity Date and the first date that is the seventh day after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day or Borrower shall repay all Swingline Loans then outstanding and the last day proceeds of any such Borrowing shall be applied by the Administrative Agent to prepay all Swingline Loans then outstanding on a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madepro rata basis. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such LenderLender to the Borrower, including the amounts of principal and interest payable and paid to such Lender by the Borrower from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made to the Borrower hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall shall, absent manifest error, be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a nonnegotiable promissory note substantially in the form attached as Exhibit F (a “Note”) payable to the order of such Lender (or, if requested by such Lender, to such Lender and its permitted registered assigns) and in substantially the form attached hereto as Exhibit F. ). Thereafter, the Loans evidenced by such promissory note Notes and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein (or, if such promissory note Note is a registered noteNote, to such payee and its permitted registered assigns).

Appears in 2 contracts

Sources: Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date (except Extended Loans) and (ii) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the first Business Day prior to the Maturity Date and the first date fifth Business Day after such Swingline Loan is made made; provided that on each date that a Revolving Loan is made, the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Periodand, if anyapplicable, each Interest Period applicable theretotherefor, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (bSection 2.09(b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory noteNote. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its permitted and registered assigns) and in substantially the form attached hereto as Exhibit F. ). Thereafter, the Loans evidenced by such promissory note Note and interest thereon shall at all times (including after an increase in such Lender's Commitment pursuant to Section 2.20 or an increase or reduction after an assignment pursuant to Section 10.0410.06) be represented by one or more promissory notes Notes in such form payable to the order of the payee named therein (or, if such promissory note Note is a registered note, to such payee and its permitted and registered assigns). In addition, upon receipt of an affidavit of an officer of such Lender as to the loss, theft, destruction or mutilation of the promissory note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor. (f) The Borrower hereby unconditionally promises to pay to the (i) Administrative Agent for the account of each Lender party to an Extension on the maturity date for the Extended Loans the aggregate principal amount of all Loans outstanding on such date (together with all accrued and unpaid interest thereon) and (ii) Administrative Agent for the account of Lenders all remaining outstanding Obligations on the latest maturity date of the Extended Loans.

Appears in 2 contracts

Sources: Credit and Guarantee Agreement (H&r Block Inc), Credit and Guarantee Agreement (H&r Block Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Credit Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of Revolving Credit Maturity Date; provided that on each date that a Revolving Borrowing is made, the Maturity Date and the first date after such Borrower shall repay all Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto of Exhibit G-▇, ▇-▇ ▇▇ ▇-▇, as Exhibit F. applicable. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (GNC Acquisition Holdings Inc.), Credit Agreement (General Nutrition International Inc)

Repayment of Loans; Evidence of Debt. (ai) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account accounts of each Lender the applicable Lenders the then unpaid principal amount of each Revolving Loan made by Borrowing of such Lender on Borrower no later than the Maturity Date, ; (ii) the Company hereby unconditionally promises to the Applicable Agent for the account of pay to each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the US Tranche Swingline Lender the then unpaid principal amount of each US Tranche Swingline Loan made by the US Tranche Swingline Lender on the earlier of the Maturity Date and the first date after such US Tranche Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such US Tranche Swingline Loan is made, provided that on each date that a US Tranche Revolving Borrowing is made, the Company shall repay all US Tranche Swingline Loans then outstanding and (iii) each European Borrower unconditionally promises to pay to the European Tranche Swingline Lender the then unpaid principal amount of each European Tranche Swingline Loan to such European Borrower on the last day of the Interest Period applicable thereto; provided, that so long as the conditions for a Borrowing have been madesatisfied, a Borrower may use Revolving Borrowing proceeds to repay a Swingline Loan. Each Borrower agrees to repay the principal amount of each Loan made to such Borrower and the accrued interest thereon in the currency of such Loan. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Type and Type currency thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents any Agent hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any US Tranche Lender may request through the Administrative Agent that Loans of any Class made by it under the US Tranche to any Borrower be evidenced by a promissory note. In such event, each the relevant Borrower shall prepare, execute and deliver to such US Tranche Lender a promissory note payable to the order of such US Tranche Lender (or, if requested by such US Tranche Lender, to such US Tranche Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0411.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns). Loans made under the European Tranche shall be evidenced solely as described in paragraphs (b) and (c) of this Section, and no promissory notes shall be issued by any Borrower in respect of any such Loans.

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each of its Swingline Loan Loans on the earlier of the Maturity Date and the first date which is 15 Domestic Business Days after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been made. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the currency and amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it to any Borrower be evidenced by a promissory note. In such event, each such Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent and the Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0412.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Credit Loan made by of such Lender on the Maturity Date, Date (ii) or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Article 7); provided that the Revolving Credit Loans made by Objecting Lenders shall be repaid as provided in Section 2.25. The Borrower hereby further agrees to pay to the Applicable Administrative Agent interest on the unpaid principal amount of the Revolving Credit Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.9. (b) The Borrower unconditionally promises to pay to the Administrative Agent, for the account of each Lender the unpaid principal amount of each that makes a Competitive Loan Loan, on the last day of the Interest Period applicable to such Competitive Loan, the principal amount of such Competitive Loan. The Borrower further unconditionally promises to pay interest on each such Competitive Loan for the period from and (iii) to including the Swingline Lender date of Borrowing of such Competitive Loan on the then unpaid principal amount of each Swingline Loan on thereof from time to time outstanding at the earlier of the Maturity Date applicable rate per annum determined as provided in, and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madepayable as specified in, Section 2.9. (bc) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Indebtedness of each Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (cd) The Administrative Agent shall maintain accounts the Register pursuant to Section 9.3(e), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunder, the Class and Interest Rate Type thereof and the each Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(c) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of any the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (ef) Any Lender may The Borrower agrees that, upon the request that Loans of to the Administrative Agent by any Class made by it be evidenced by a promissory note. In such eventLender, each the Borrower shall will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A-1 with appropriate insertions as to date and principal amount (a "Revolving Credit Note"). (g) The Borrower agrees that, upon the request to the Administrative Agent by any Lender, the Borrower will execute and deliver to such Lender and its registered assigns) and a promissory note of the Borrower evidencing the Competitive Loans of such Lender, substantially in substantially the form attached hereto of Exhibit A-2 with appropriate insertions as Exhibit F. Thereafterto date, the Loans evidenced by such promissory note principal amount and interest thereon shall at all times Currency (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Competitive Note").

Appears in 2 contracts

Sources: Five Year Competitive Advance and Revolving Credit Agreement (PHH Corp), Credit Agreement (Cendant Corp)

Repayment of Loans; Evidence of Debt. (a) Each The U.S. Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month month; provided, however, subject to the terms and that is at least one Business Day after conditions herein, new Swingline Loans may be made on either of those mandatory repayment dates. Each Subsidiary Borrower hereby unconditionally promises to pay to the day Applicable Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan and Ancillary Loan to such Subsidiary Borrower on which such Swingline Loan shall have been madethe Maturity Date. (ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cb) The Administrative Each Applicable Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Facility and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) any amount received by the Agents such Applicable Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or an Applicable Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (ed) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Applicable Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Healthcare Trust of America, Inc.), Credit Agreement (Healthcare Trust of America, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each applicable Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Revolving Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time the aggregate Revolving Credit Exposure of the Lenders exceeds the aggregate Commitments of the Lenders, the Borrower shall immediately prepay the Revolving Loans in the amount of such excess. To the extent that, after the prepayment of all Revolving Loans an excess of the Revolving Credit Exposure over the aggregate Commitments still exists, the Borrower shall promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess.

Appears in 2 contracts

Sources: Credit Agreement (Vera Bradley, Inc.), Credit Agreement (Vera Bradley, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (iA) to the Applicable Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made by of such Revolving Lender on the Revolving Maturity Date, (iiB) to the Applicable Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Term Lender as provided in Section 2.10 and (iiiC) to the Administrative Agent for the account of each Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one ten Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then-unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) subject to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) Section 2.05, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts a record evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts records in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts records maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory noteNote. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. ). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Revolving Credit Agreement (Service Corporation International), Revolving Credit Agreement (Service Corporation International)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five (5) Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. The Loans shall be evidenced by the Notes. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Education Realty Trust, Inc.), Credit Agreement (Education Realty Trust, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of five (5) days following the Maturity Date and the first date after such Swingline Loan was funded and the Maturity Date; provided that on each date that a Revolving Borrowing is made that is made, the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Ugi Corp /Pa/)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to repay on the Applicable Agent for Maturity Date the account of each Lender the then remaining unpaid principal amount of each Revolving Loan the Loans. Such payment shall be made by such Lender on the Maturity Date, (ii) to the Applicable Administrative Agent for the ratable account of each Lender the unpaid principal amount of each Competitive Loan Lenders based on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeoutstanding Loans. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan the Loans made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan the Loans made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide thereof and (iv) the application or disbursement by the Administrative Agent with all information needed of any amounts pursuant to maintain such accounts in respect of the Loans administered by such Agentthis Agreement or any other Loan Document. (d) The entries made in the accounts maintained pursuant to paragraph clauses (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein (and in the case of any inconsistency between the Register and the accounts maintained by any Lender or the Administrative Agent, the Register shall govern); provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans and pay interest thereon in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note note, substantially in the form of Exhibit G, payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. . Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Term Loan Agreement (Tyson Foods, Inc.), 364 Day Term Loan Agreement (Tyson Foods Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made, provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans that were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide , which accounts the Administrative Agent with all information needed will make available to maintain such accounts in respect of the Loans administered by such AgentBorrower upon its reasonable request. (d) The entries made in the accounts maintained pursuant to paragraph clause (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans and pay interest thereon in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note Promissory Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. ). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form Promissory Notes payable to the order of the payee named therein (or, if such promissory note Promissory Note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Second Amendment and Joinder Agreement (Seagate Technology PLC), Credit Agreement (Seagate Technology PLC)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay repay (i) the Term Loans on each March 1, June 1, September 1 and December 1 (or, if any such day is not a Business Day, the following Business Day), commencing on September 1, 2019, in an amount equal to 1.25% of the Applicable Agent for the account of each Lender the unpaid original aggregate principal amount of each Revolving Loan the Term Loans made by such Lender on the Closing Date and (ii) on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid aggregate principal amount of each Competitive Loan all Term Loans outstanding on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madedate. (b) [Reserved]. (c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the accounts maintained pursuant to paragraph (b) or clause (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenotes. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note notes and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04 of this Agreement) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Term Loan Restatement Agreement (Constellation Brands, Inc.), Term Loan Credit Agreement (Constellation Brands, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two (2) Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. I. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Informatica Corp), Credit Agreement (Synchronoss Technologies Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender all Loans on the Maturity Date. In addition, (ii) the Borrower unconditionally promises to pay the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (i) five Business Days after the Maturity Date and the first date after such Swingline Loan is was made that is or (ii) the 15th day or date required to maintain compliance with the proviso to the last day sentence of Section 2.5(a); provided that on each date that a calendar month and that Revolving Borrowing is at least one Business Day after made, the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (bSection 2.9(b) or and (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Northwest Natural Gas Co), Credit Agreement (Northwest Natural Gas Co)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Credit Loan made by of such Lender on the Maturity DateDate (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Article 7); provided, that the Revolving Credit Loans made by Objecting Lenders shall be repaid as provided in Section 2.24. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Revolving Credit Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.9. (iib) The Borrower unconditionally promises to pay to the Applicable Agent Administrative Agent, for the account of each Lender the unpaid principal amount of each that makes a Competitive Loan Loan, on the last day of the Interest Period applicable to such Competitive Loan, the principal amount of such Competitive Loan. The Borrower further unconditionally promises to pay interest on each such Competitive Loan for the period from and (iii) to including the Swingline Lender date of Borrowing of such Competitive Loan on the then unpaid principal amount of each Swingline Loan on thereof from time to time outstanding at the earlier of the Maturity Date applicable rate per annum determined as provided in, and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madepayable as specified in, Section 2.9. (bc) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Indebtedness of each Borrower to such Lender resulting from each Revolving Credit Loan made by and Competitive Loan of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (cd) The Administrative Agent shall maintain accounts the Register pursuant to Section 9.3(e), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Revolving Credit Loan and Competitive Loan made hereunder, the Class and Interest Rate Type thereof and the each Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (b) or (c) of this Section shall 2.8 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of any the Borrower to repay (with applicable interest) the Revolving Credit Loans and Competitive Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (ef) Any Lender may The Borrower agrees that, upon the request that Loans of to the Administrative Agent by any Class made by it be evidenced by a promissory note. In such eventLender, each the Borrower shall will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A-1 with appropriate insertions as to date and principal amount (a "Revolving Credit Note"). (g) The Borrower agrees that, upon the request to the Administrative Agent by any Lender, the Borrower will execute and deliver to such Lender and its registered assigns) and a promissory note of the Borrower evidencing the Competitive Loans of such Lender, substantially in substantially the form attached hereto of Exhibit A-2 with appropriate insertions as Exhibit F. Thereafter, the Loans evidenced by such promissory note to date and interest thereon shall at all times principal amount (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Competitive Note").

Appears in 2 contracts

Sources: 364 Day Competitive Advance and Revolving Credit Agreement (Cendant Corp), 364 Day Competitive Advance and Revolving Credit Agreement (HFS Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender with a Commitment the then unpaid principal amount of each such Lender’s Revolving Loan made by such Lender Loans on the Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender that has a Competitive Loan outstanding the then unpaid principal amount of each Competitive such Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date that is 7 days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing or Competitive Borrowing is made, the Borrower shall repay Swingline Loans then outstanding in an aggregate principal amount equal to the Revolving Loans or Competitive Loans, as the case may be, made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madedate. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Delhaize America Inc), Credit Agreement (Delhaize Group)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each the Revolving Loan made by such Lender Loans on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender Lender, the then unpaid principal amount of each the Swingline Loan Loans on the earlier of the Maturity Date and the first date after such any Swingline Loan is Loans are made that is the 15th day or the last day of a calendar month and that is at least one two (2) Business Day Days after the day on which such Swingline Loan Loans are made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, G hereto or in another form approved by the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Administrative Agent.

Appears in 2 contracts

Sources: Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two (2) Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie primafacie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender (i) the principal amount of each Term Loan of such Lender made to the Borrower as provided in Section 2.11 and (ii) the then unpaid principal amount of each Revolving Loan made by of such Lender made to the Borrower on the Revolving Credit Maturity Date, (ii) . The Borrower hereby unconditionally promises to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) pay to the Swingline Lender the then unpaid principal amount of each Swingline Loan made to the Borrower on the earlier of the Revolving Credit Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeDate. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such LenderLender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (c) The Administrative Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of the sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower or any Guarantor and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of any the Borrower to repay the Loans made to the Borrower in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it hereunder be evidenced by a promissory note. In such event, each the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (orand, if requested by such Lender, to such Lender and its registered assigns) and , in substantially the form attached hereto as of Exhibit F. ThereafterI, the Loans evidenced by if such promissory note relates to Revolving Credit Borrowings, or in the form of Exhibit J, if such promissory note relates to Term Borrowings, or any other form reasonably acceptable to the Administrative Agent. Notwithstanding any other provision of this Agreement, in the event any Lender shall request and interest thereon receive such a promissory note, the interests represented by such note shall at all times (including after any assignment of all or part of such interests pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and or its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (True Temper Sports PRC Holdings Inc), Credit Agreement (True Temper Sports Inc)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby The Borrowers hereby, jointly and severally, unconditionally promises promise to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing or any Borrowing under an Incremental Facility is made, the applicable Borrower shall have been maderepay all Swingline Loans that were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower to such Lender resulting from each Loan made The records maintained by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, and (ii) the amounts of all sums received by the Agents hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of and the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section Lenders shall be prima facie evidence of the existence and amounts of the obligations recorded thereinof the applicable Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of the Administrative Agent or any Lender or Agent to maintain such accounts records or any error therein shall not in any manner affect the obligation of any the applicable Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Allegion PLC), Credit Agreement (Allegion PLC)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on or before the earlier of fifth (5th) Business Day after the Maturity Date and the first date after on which such Swingline Loan is made that is or such later date to which the 15th day or Swingline Lender and the last day of a calendar month and that is at least one Business Day after Borrower agree and, in any event, on the day on which such Swingline Loan shall have been madeMaturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender and its registered assigns a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. E. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the earlier of the Maturity Date, Date and the date of termination of the Commitments and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier earliest of the Maturity Date Date, the date of termination of the Commitments and the first date thirty (30) days after such Swingline Loan is made made; provided that is the 15th day or the last day on each date that a Borrowing of a calendar month and that Revolving Loan is at least one Business Day after made, the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class hereunder and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of any conflict between the accounts and records maintained by any Lender in clause (b) and the accounts and records of the Administrative Agent in respect of such matters, the Register and the corresponding accounts and records of the Administrative Agent shall control in the absence of manifest error. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Natural Resource Partners Lp)

Repayment of Loans; Evidence of Debt. (a) Each The Parent Borrower and each Foreign Subsidiary Borrower (with respect to Foreign Currency Loans made to such Foreign Subsidiary Borrower) hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing (other than a Foreign Currency Borrowing) is made, the Parent Borrower shall have been maderepay all Swingline Loans that were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Parent Borrower and the Foreign Subsidiary Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Parent Borrower and the Foreign Subsidiary Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Parent Borrower and the Foreign Subsidiary Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Parent Borrower or the applicable Foreign Subsidiary Borrower, as the case may be, shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Metaldyne Corp), Credit Agreement (Metaldyne Corp)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally unconditionally, jointly and severally, promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount Outstanding Amount of each Revolving Loan and all other Revolving Principal Obligations on the Revolving Loan Maturity Date. At the request of each Lender, the Revolving Loans made by such Lender shall be evidenced by a Revolving Note payable to such Lender in the amount of such Lender’s Revolving Commitment. (b) The Borrower shall repay each Swing Line Loan on the Maturity Dateearlier to occur of (i) the date ten (10) Business Days after such Loan is made, and (ii) the Revolving Loan Maturity Date. (c) Each Borrower hereby unconditionally, jointly and severally, promises to pay to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Term Lender the then unpaid principal Outstanding Amount of each tranche of Term Loans on the applicable Maturity Date thereof. At the request of each Term Lender, the Term Loans made by such Lender shall be evidenced by a Term Note payable to such Lender in the amount of each Swingline such Lender’s Term Loan on the earlier Commitment of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeapplicable tranche. (bd) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ce) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (df) The entries made in the accounts maintained pursuant to paragraph (bc) or (cd) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein, absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Increase Agreement, Joinder, and Second Amendment to Credit Agreement (Vinebrook Homes Trust, Inc.), Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date seventh day after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The Register and the corresponding entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Administrative Agent shall prepare, and the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) . Such promissory note shall be in a form approved by the Administrative Agent and in substantially the form attached hereto as Exhibit F. Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises agrees as to pay Loans made to it that (i) to the Applicable Agent for the account of each Lender the unpaid outstanding principal amount balance of each Revolving Loan made by such Lender shall be payable on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid outstanding principal amount balance of each Competitive Loan shall be payable on the last day of the Interest Period applicable thereto and (iii) the outstanding principal balance of each Swingline Loan shall be payable to the Swingline Lender on the last day of the Interest Period applicable to such Loan and (iii) to Swingline Loan; provided that on each date that a Revolving Borrowing or Competitive Borrowing is made, the Borrower shall repay all Swingline Lender the Loans then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeoutstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower indebtedness to such Lender resulting from each Loan made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (c) The Administrative Servicing Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof of each Loan and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Servicing Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall above shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Servicing Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of any the Borrower to repay the Loans in accordance with the terms of this Agreementtheir terms. (e) Any Notwithstanding any other provision of this Agreement, in the event any Lender may shall request that a promissory note or notes evidencing the Loans of any Class made by it be evidenced by a promissory note. In such eventhereunder, each the Borrower shall execute and deliver to such Lender a promissory note payable or notes, satisfactory to the order of such Lender (orAdministrative Agents, if requested by such Lender, payable to such Lender and its registered assigns) , and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced interests represented by such promissory note and interest thereon or notes shall at all times (including after any assignment of all or part of such interests pursuant to Section 10.0410.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and or its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Equistar Funding Corp)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the ratable account of each applicable Lender under the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Dateapplicable Tranche, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan (i) the Tranche A Loans made to it (and all accrued and unpaid interest thereon) on the earlier of the Tranche A Maturity Date and (ii) the first date Tranche B Loans made to it (and all accrued and unpaid interest thereon) in installments of US$200,000,000 on the dates falling 18 months, 24 months and 30 months after such Swingline Loan is made that is the 15th day or Initial Drawdown Date and, to the extent not previously paid, all Tranche B Loans shall be due and payable on the Tranche B Maturity Date (as adjusted from time to time pursuant to the last day sentence of a calendar month and that is Section 2.08(a)). If the Credit Exposure in respect of any Tranche at least one Business Day after any time exceeds the day on which aggregate of all Commitments under such Swingline Loan Tranche, the Borrowers shall have been madecomply with Section 2.08(a) in respect of such Tranche. All payments or repayments of Loans made pursuant to this Section 2.07(a) shall be made in US dollars. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof Tranche and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in substantially the form of with respect to Loans, in the form of loan note attached hereto as Exhibit F. E. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0411.05) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Term Loan Facilities Credit Agreement, Term Loan Facilities Credit Agreement (Teva Pharmaceutical Industries LTD)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of each Revolving Facility Loan to the Borrower on the Revolving Facility Maturity Date applicable to such Revolving Facility Loan, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Term Loan made by of such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Facility Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Facility Borrowing is made by the Borrower, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Facility and Type thereof and the Interest Period, Period (if any, ) applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) any amount received by the Agents such Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, Date and (ii) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Term Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLender as provided in Section 2.09. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower to such Lender resulting from each Loan made The records maintained by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, and (ii) the amounts of all sums received by the Agents hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of and the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section Lenders shall be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of the Administrative Agent or any Lender or Agent to maintain such accounts records or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a registered promissory note; provided that any such promissory notes to be issued on the Effective Date shall be requested by the relevant Lender at least 3 Business Days prior to such date. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form Administrative Agent, it being agreed that the Form of Term Loan Promissory Note attached hereto as Exhibit F. J-1 and the Form of Revolving Loan Promissory Note attached hereto as Exhibit J-2 are approved. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns); provided that in the event of any assignment of Loans evidenced by a promissory note, the Borrower shall not be obligated to execute and deliver a promissory note to the assignee of such Loans unless and until the assigning ▇▇▇▇▇▇ has returned its promissory note to the Borrower or the Borrower has received a lost note affidavit and indemnity from the assigning Lender in form and substance reasonably acceptable to the Borrower.

Appears in 2 contracts

Sources: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Term Loan Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan of such Term Lender as provided in Section 2.10. The Borrower unconditionally promises to pay to the Revolving Facility Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Revolving Lender made by such Lender to the Borrower on the Revolving Maturity Date, (ii) . The Borrower hereby unconditionally promises to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) pay to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such LenderLender to the Borrower, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The applicable Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunderhereunder to the Borrower, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by such Administrative Agent hereunder from the Agents hereunder Borrower for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the applicable Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans and pay interest thereon in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall promptly prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and substantially in substantially the form attached hereto of the applicable Exhibit F, provided that, except as Exhibit F. set forth in Section 4.01(a)(ii)(C), the delivery of any such note shall not be a condition precedent to the Closing Date or any Acquisition or Investment. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assignsassigns (and ownership shall at all times be recorded in the Register).

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Zebra Technologies Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender (i) the principal amount of each Construction Loan (or, after Term-Conversion, each Term Loan) of such Lender made to the Borrower as provided in Section 2.11, (ii) the then unpaid principal amount of each Revolving Loan made by of such Lender made to the Borrower on the Revolving Credit Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan Date and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Backstop LC Loan of such Lender made to the Borrower on the earlier of the Backstop LC Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeDate. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such LenderLender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (c) The Administrative Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of the sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of any the Borrower to repay the Loans made to the Borrower in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it hereunder be evidenced by a promissory note. In such event, each the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially the form attached hereto as Exhibit F. ThereafterO, P, Q or R hereto, as applicable. Notwithstanding any other provision of this Agreement, in the event any Lender shall request and receive such a promissory note, the Loans evidenced interests represented by such promissory note and interest thereon shall at all times (including after any assignment of all or part of such interests pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and or its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Dynegy Inc /Il/), Credit Agreement (Dynegy Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph clause (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Groupon, Inc.), Credit Agreement (Groupon, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Borrower The Company hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity DateCredit Lender, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Revolving Credit Loan of such Revolving Credit Lender on the earlier of the Final Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been made(together with accrued interest thereon). (b) The Company hereby unconditionally promises to pay to the Administrative Agent, for the benefit of the Term Lenders, the aggregate unpaid principal amount of the Term Loans, in quarterly installments on Principal Payment Dates, commencing on the Initial Principal Payment Date, in an amount for each such Principal Payment Date as set forth in SCHEDULE 1.1(III) under the heading "AMORTIZATION". To the extent not previously paid, all Term Loans shall be due and payable on the Final Maturity Date. Each repayment of Term Loan Borrowings shall be applied to repay any outstanding ABR Term Loan Borrowings first, and then to outstanding Eurodollar Term Loan Borrowings in the order of the remaining duration of their respective Interest Periods (the Borrowing with the shortest remaining Interest Period to be repaid first). Repayments of Term Loan Borrowings shall be accompanied by accrued interest thereon. (c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Company to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts the Register pursuant to Section 10.4(c) and a subaccount therein for each Lender, in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Company to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the accounts Register maintained pursuant to paragraph (b) or (cd) of this Section shall be prima facie constitute PRIMA FACIE evidence of the existence and amounts of the obligations recorded therein; provided PROVIDED that the failure of any Lender or the Administrative Agent to maintain such accounts pursuant to Sections 2.7(c) or (d) or any error therein shall not in any manner affect the obligation of any Borrower the Company to repay the Loans in accordance with the terms of this Agreementhereof. (ef) Any Lender may The Company agrees that, upon the request that Loans by the Administrative Agent on behalf of any Class made by it be evidenced by a promissory note. In such eventLender, each Borrower shall the Company will execute and deliver to such Lender Lender, as applicable: (i) a promissory note of the Company payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assignsassigns evidencing the Revolving Credit Loans of such Lender and substantially in the form of EXHIBIT N-1 with appropriate insertions as to date and principal amount (each, a "REVOLVING CREDIT NOTE"); (ii) prior to the Conversion Date, a promissory note of the Company payable to such Lender and its registered assigns evidencing the Construction Loans of such Lender and substantially in the form of EXHIBIT N-2 with appropriate insertions as to date and principal amount (each, a "CONSTRUCTION LOAN NOTE"); and (iii) on and after the Conversion Date, and in exchange for the return to the Company of the corresponding Construction Loan Note(s) (if any) marked "canceled" by each Lender who holds such note, a promissory note of the Company payable to such Lender and its registered assigns evidencing the Term Loans of such Lender and substantially in the form attached hereto of EXHIBIT N-3, as Exhibit F. applicable, with appropriate insertions as to date and principal amount (each, a "TERM LOAN NOTE"). Thereafter, the Loans evidenced by any such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns. A Note and the obligation evidenced thereby may be assigned or otherwise transferred in whole or in part only as part of an assignment under this Agreement in accordance with Section 10.4 and only by registration of such assignment or transfer of such Note and the obligation evidenced thereby in the Register (and each Note shall expressly so provide). Any assignment or transfer of all or part of an obligation evidenced by a Note shall be registered in the Register only upon surrender for registration of assignment or transfer of the Note evidencing such obligation, accompanied by an Assignment and Acceptance duly executed by the assignor thereof, and thereupon, if requested by the assignee, one or more new Notes shall be issued to the designated assignee and the old Note shall be returned by the Administrative Agent to the Company marked "canceled". No assignment of a Note and the obligation evidenced thereby shall be effective unless it shall have been recorded in the Register by the Administrative Agent as provided in this Section.

Appears in 2 contracts

Sources: Credit Agreement (Flag Telecom Holdings LTD), Credit Agreement (Flag Telecom Holdings LTD)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is either the 15th day or the last day of a calendar month and month; provided that such date is at least one two Business Day Days after the day on which such Swingline Loan is made; provided further that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially the form of note attached hereto as Exhibit F. C. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time the aggregate Revolving Credit Exposure of the Lenders exceeds the aggregate Commitments of the Lenders, the Borrower shall immediately prepay the Revolving Loans in the amount of such excess. To the extent that, after the prepayment of all Revolving Loans an excess of the Revolving Credit Exposure over the aggregate Commitments still exists, the Borrower shall promptly cash collateralize the Letters of Credit in the manner described in Section 2.05(j) in an amount sufficient to eliminate such excess.

Appears in 2 contracts

Sources: Credit Agreement (KEMPER Corp), Credit Agreement (KEMPER Corp)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) on the Maturity Date to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to such Borrower. The Company hereby unconditionally promises to pay to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Loan made by such Lender on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLoan. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type (and, in the case of a Multicurrency Loan, the currency) thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, the Administrative Agent shall prepare and deliver to each Borrower, and each Borrower shall execute and deliver to such Lender Lender, a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent and the Company. Thereafter, the Loans evidenced by each such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Fort James Corp), Credit Agreement (Fort Howard Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date third (3rd) Business Day after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day or Borrower shall repay all Swingline Loans then outstanding and the last day proceeds of a calendar month and that is at least one Business Day after any such Borrowing shall be applied by the day on which such Administrative Agent to repay any Swingline Loan shall have been madeLoans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall (absent manifest error) be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the a form attached hereto as Exhibit F. F with the blanks appropriately filled. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Stewart Information Services Corp), Credit Agreement (Stewart Information Services Corp)

Repayment of Loans; Evidence of Debt. (a) Each The US Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender US Lender, the Term Loans in accordance with Section 2.03, (ii) to the Administrative Agent for the account of each US Lender, the then unpaid principal amount of each US Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender Lender, the then unpaid principal amount of each Swingline Loan (other than any Swingline Fixed Rate Loan) on the earlier of the Maturity Date and (iii) to the first date after such Swingline Lender, the then unpaid principal amount of each Swingline Fixed Rate Loan is made that is the 15th day or on the last day of a calendar month and that is at least one Business Day after the day Swingline Interest Period applicable thereto. The Mexican Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Mexican Lender the then unpaid principal amount of each of its respective Mexican Revolving Loans on which such Swingline Loan shall have been madethe Maturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Borrower, Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenote (a “Note”). In such event, each the relevant Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 10.0412.04) be represented by one or more promissory notes Notes in such form payable to the order of the payee named therein (or, if such promissory note Note is a registered noteNote, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar Financial Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each applicable Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Revolving Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date fifth Business Days after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day Borrower shall repay all Swingline Loans then outstanding and (iii) to the Administrative Agent for the account of each applicable Lender the then unpaid amount of the Term Loans in the amounts and on the dates (or if such date is not a Business Day, on the last day of a calendar month and that is at least one Business Day after immediately prior to such date) listed below and on the day on which such Swingline Term Maturity Date: First Anniversary of Funding Date 5% of initial Term Loan shall have been made.principal amount Second Anniversary of Funding Date 10% of initial Term Loan principal amount Third Anniversary of Funding Date 10% of initial Term Loan principal amount Fourth Anniversary of Funding Date 10% of initial Term Loan principal amount Term Maturity Date Aggregate unpaid principal amount of Term Loans (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached of (i) Exhibit B-1 hereto as in the case of a Revolving Loan and (ii) Exhibit F. B-2 hereto in the case of a Term Loan or, in either case, in such other form approved by the Borrower and the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time the aggregate Revolving Credit Exposure of the Lenders exceeds the aggregate Revolving Commitments of the Lenders, the Borrower shall immediately prepay, without penalty or premium (subject to Section 2.16), the Revolving Loans in the amount of such excess. To the extent that, after the prepayment of all Revolving Loans an excess of the Revolving Credit Exposure over the aggregate Commitments still exists, the Borrower shall promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess.

Appears in 2 contracts

Sources: Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security LLC)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender in US Dollars on the Maturity DateDate or, if earlier, the date on which the Commitment of such Lender relating to such Loan is terminated (except for termination of the Commitment of the assigning Lender pursuant to Section 10.4(b)) and (ii) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date fifth (5th) Business Day after such Swingline Loan is made made; provided that on each date that a Borrowing is made, the 15th day or Borrower shall repay all Swingline Loans then outstanding and the last day proceeds of a calendar month and that is at least one Business Day after any such Borrowing shall be applied by the day on which such Administrative Agent to repay any Swingline Loan shall have been madeLoans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if requested by such promissory note is a registered notepayee, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Senior Revolving Credit Facility (Kinetik Holdings Inc.), Senior Revolving Credit Facility (Kinetik Holdings Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Applicable Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each of its Revolving Loan made by such Lender Loans on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one three Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Citrix Systems Inc), Credit Agreement (Citrix Systems Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each the appropriate Revolving Credit Lender or Tranche B Term Loan Lender, as the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Datecase may be, (iii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) the principal amount of each Tranche B Term Loan of such Tranche B Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (or on such earlier date on which the Loans become due and payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madedates, set forth in Section 2.14. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Indebtedness of each Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class Type of such Loan and Type thereof and the each Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.7(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of any the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (e) Any Lender may The Borrower agrees that, upon the request that Loans of to the Administrative Agent by any Class made by it be evidenced by a promissory note. In such eventLender, each the Borrower shall will promptly execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Tranche B Term Loans or Revolving Credit Loans, as the case may be, of such Lender (or, if requested by such Lender, substantially in the forms of Exhibit F-1 or F-2, respectively (a "Tranche B Term Note" or "Revolving Credit Note", respectively), with appropriate insertions as to such Lender date and its registered assigns) and in substantially principal amount; provided, that delivery of Notes shall not be a condition precedent to the form attached hereto as Exhibit F. Thereafter, occurrence of the Closing Date or the making of the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to on the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Closing Date.

Appears in 2 contracts

Sources: Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Borrowing of Revolving Loans is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and and, in the case of Eurodollar Loans, the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in substantially the form attached hereto as of Exhibit F. D. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Revolving Credit Agreement (MPLX Lp), Revolving Credit Agreement (Marathon Petroleum Corp)

Repayment of Loans; Evidence of Debt. (a) Each Borrower The Borrowers hereby unconditionally promises promise to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Maturity Commitment Termination Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Commitment Termination Date and the first date that is the seventh day (or if such day is not a Business Day, the next succeeding Business Day) after such Swingline Loan is made, provided that on each date that a Revolving Borrowing is made by the Company or any Subsidiary Borrower, the Company or such Subsidiary Borrower shall repay all Swingline Loans that is were outstanding on the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which date such Swingline Loan shall have been madeBorrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder, (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide , (iv) the amount of any sum received by the Administrative Agent with all information needed hereunder for the account of any Issuing Lender and (v) the application or disbursement by the Administrative Agent of any amounts pursuant to maintain such accounts in respect of the Loans administered by such Agentthis Agreement or any other Loan Document. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans and pay interest thereon in accordance with the terms of this Agreement. (e) Any Lender may request that Revolving Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note note, substantially in the form of Exhibit H, payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. ). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one four (4) Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie conclusive evidence of the existence and amounts of the obligations recorded thereintherein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, or to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Resources LLC)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date seventh day after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing is made, the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Borrower shall repay all Swingline Loan shall have been madeLoans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Administrative Agent shall prepare, and the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) ). Such promissory note shall be in a form approved by the Administrative Agent and in substantially the form attached hereto as Exhibit F. Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made to the Borrower on the earlier of the Maturity Date and (in the first date after such Swingline Loan is made that is case of any Declining Lender, without giving effect to the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeextension thereof pursuant to Section 2.09). (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Type and Type currency thereof and and, if applicable, the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded thereintherein absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans or pay any other amounts due hereunder in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Borrower and the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Keysight Technologies, Inc.), Credit Agreement (Agilent Technologies Inc)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Global Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity DateDate or, if earlier, the date on which the Commitment of such Lender relating to such Revolving Loan is terminated (except for termination of the Commitment of the assigning Lender pursuant to Section 10.4(b)), and (ii) to the Applicable Global Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLoan. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Global Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Global Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Global Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a one or more promissory notenotes. In such event, each Borrower shall prepare, execute and deliver to such Lender a promissory note notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form attached hereto as Exhibit F. Global Administrative Agent). Thereafter, the Loans evidenced by such promissory note notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Apache Corp), Credit Agreement (Apache Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower shall repay to the Term Lenders the aggregate principal amount of all Term Loans outstanding on the following dates in the respective amounts set forth opposite such dates (which amounts shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.4), unless accelerated sooner pursuant to Section 8.02; provided, however, that (i) the final principal repayment installment of the Term Loans shall be repaid on the Maturity Date for the Term Facility and in any event shall be in an amount equal to the aggregate principal amount of all Term Loans outstanding on such date, (ii) if any principal repayment installment to be made by the Borrower (other than principal repayment installments on BSBY Rate Loans) shall come due on a day other than a Business Day, such principal repayment installment shall be due on the next succeeding Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be and (iii) if any principal repayment installment to be made by the Borrower on a BSBY Rate Loan shall come due on a day other than a Business Day, such principal repayment installment shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such principal repayment installment into another calendar month, in which event such principal repayment installment shall be due on the immediately preceding Business Day. (b) The Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan the Revolving Loans on the earlier of the Maturity Date and all amounts due and owing under Letters of Credit in accordance with the first date after such Swingline Loan is made that is terms hereof and the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeIssuer Documents. (bc) Each The Administrative Agent and each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender the Lenders resulting from each Loan made by such Lenderthe Lenders or Letter of Credit issued by the L/C Issuer, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent and each Lender shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest PeriodPeriod applicable thereto and the amount of any Letter of Credit issued hereunder, if any, applicable thereto, and (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to the Lenders hereunder and all amounts due and payable related to any Letter of all sums Credit issued hereunder and (iii) the amount of any sum received by the Agents hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agenthereunder. (de) The entries made in the accounts maintained pursuant to paragraph (bc) or (cd) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans or obligations under any Letters of Credit in accordance with the terms of this AgreementAgreement and the Issuer Documents. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (UL Solutions Inc.), Credit Agreement (UL Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made by such Revolving Lender to such Borrower on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Euro Tranche B Term Lender the then unpaid principal amount of each Swingline Euro Tranche B Term Loan made by such Euro Tranche B Term Lender to such Borrower on the earlier Tranche B Term Maturity Date, (iii) to the Administrative Agent for the account of each Dollar Tranche B Term Lender the Maturity Date then unpaid principal amount of each Dollar Tranche B Term Loan made by such Dollar Tranche B Term Lender to such Borrower as provided in Section 2.10 and (iv) to the first date after Administrative Agent for the account of each Tranche A Term Lender the then unpaid principal amount of each Tranche A Term Loan made by such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which Tranche A Term Lender to such Swingline Loan shall have been madeBorrower as provided in Section 2.10. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The records maintained by the Administrative Agent and the Lenders shall be prima facie evidence of the existence and amounts of the obligations of the applicable Borrower in respect of Loans made to such Borrower, LC Disbursements, interest and fees due or accrued, in each case, with respect to such Borrower hereunder; provided that the failure of the Administrative Agent or any Lender to maintain such records or any error therein shall not in any manner affect the obligation of such Borrower to pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section 2.09, the accounts maintained by the Administrative Agent maintained pursuant to paragraph (c) of this Section 2.09 shall control. (c) The Administrative Agent shall shall, in connection with maintenance of the Register in accordance with Section 9.04(b)(iv) maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal, premium, interest or fees due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower of such Loans shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Garrett Motion Inc.), Credit Agreement (Garrett Motion Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Eagle Materials Inc), Credit Agreement (Reynolds & Reynolds Co)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account accounts of each Lender the applicable Lenders the then unpaid principal amount of each Revolving Loan made by of such Lender on the Maturity DateDate (or, (ii) in the case of a Revolving Alternate Currency Borrowing, such earlier date as may be specified in the applicable Alternate Currency Supplement). The Company hereby unconditionally promises to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) pay to the Swingline Lender the then unpaid principal amount of each Swingline Loan made to the Company on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan shall have been made; provided that on each date on which a Revolving Dollar Borrowing is made by the Company, the Company shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type (and, in the case of a Revolving Alternate Currency Loan, the currency) thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent or the London Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all The information needed to maintain contained in such accounts in respect of will be made available to the Loans administered by such AgentCompany at reasonable times and upon reasonable request. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it to any Borrower be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Company and the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Revolving Credit Facility Agreement (Albany International Corp /De/), Revolving Credit Facility Agreement (Albany International Corp /De/)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by (other than an Extended Revolving Loan) of such Lender on the Revolving Maturity Date, (ii) with respect to any tranche of Incremental Term Loans, to the Applicable Administrative Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Incremental Term Lender the then unpaid principal amount of each Swingline Incremental Term Loan of such tranche of such Incremental Term Lender on the earlier of the relevant Maturity Date for such tranche of Incremental Term Loans, (iii) with respect to any Extension Series of Extended Term Loans, to the Administrative Agent for the account of each applicable Extending Lender the then unpaid principal amount of each Extended Term Loan of such Extension Series on the relevant Maturity Date for such Extension Series of Extended Term Loans and (iv) with respect to any Extension Series of Extended Revolving Commitments, to the first date after Administrative Agent for the account of each applicable Extending Lender the then unpaid principal amount of each Extended Revolving Loan of such Swingline Loan is made that is Extension Series on the 15th day or the last day relevant Maturity Date for such Extension Series of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeExtended Revolving Commitments. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower to such Lender resulting from each Loan made The records maintained by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, and (ii) the amounts of all sums received by the Agents hereunder for the accounts of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of and the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section Lenders shall be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower in respect of the Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of the Administrative Agent or any Lender or Agent to maintain such accounts records or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Costar Group, Inc.), Credit Agreement (Costar Group Inc)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each the Revolving Loan made by such Lender Loans on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each the Swingline Loan Loans on the earlier of the Maturity Date and the first date after such any Swingline Loan is Loans are made that is the 15th day or the last day of a calendar month and that is at least one two (2) Business Day Days after the day on which such Swingline Loan Loans are made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender (i) the principal amount of each New Term Loan and Refinancing Term Loan of such Lender made to the Borrower as provided in Section 2.11, and (ii) the then unpaid principal amount of each Revolving Loan of such Revolving Lender made by such Lender to the Borrower on the applicable Revolving Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable Date with respect to such Revolving Loan and (iii) of such Revolving Lender. The Borrower hereby unconditionally promises to pay to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the latest Revolving Maturity Date at such time and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one three Business Day Days after the day on which such Swingline Loan is made. Each Loan shall have been be repaid in the currency in which it was made. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such LenderLender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement, and shall provide copies of such accounts to the Borrower upon its reasonable request (at the Borrower’s sole cost and expense). (c) The Administrative Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for from the accounts of the Lenders Borrower or any Subsidiary Guarantor and each Lender’s share thereof. Each other Agent , and shall promptly provide the Administrative Agent with all information needed to maintain copies of such accounts in respect of to the Loans administered by such AgentBorrower upon its reasonable request (at the Borrower’s sole cost and expense). (d) The entries made in the accounts maintained pursuant to paragraph (bSections 2.04(b) or (cand 2.04(c) of this Section shall be prima facie conclusive evidence of the existence and amounts of the obligations therein recorded thereinabsent clearly demonstrable error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it hereunder be evidenced by a promissory note. In such event, each the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assignsassigns (i) and in substantially the form attached hereto as of Exhibit F. ThereafterF, the Loans evidenced by if such promissory note relates to Revolving Borrowings or (ii) in the form of Exhibit G, if such promissory note relates to Term Loans or, in any such case, any other form reasonably acceptable to the Administrative Agent. Notwithstanding any other provision of this Agreement, in the event any Lender shall request and interest thereon receive such a promissory note, the interests represented by such note shall at all times (including after any assignment of all or part of such interests pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and or its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each Borrower hereby unconditionally promises to pay (i) to the Applicable Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan made by of such Lender outstanding to such Borrower on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Incremental Term Lender the then unpaid principal amount of each Competitive Incremental Term Loan on of such Incremental Term Lender as provided in the last day of the Interest Period applicable to such Loan Incremental Facility Agreement and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan outstanding to such Borrower on the earlier of the Revolving Maturity Date and the first date fifth Business Day after such Swingline Loan is made made; provided that on each date that a Revolving Borrowing denominated in US Dollars is made, each Borrower shall repay all Swingline Loans then outstanding to such Borrower, if any, and may use all or a portion of the 15th day or proceeds of such Revolving Borrowing to fund such repayment. The Borrowers will repay the last day principal amount of a calendar month each Loan and that is at least one Business Day after the day on accrued interest thereon in the currency in which such Swingline Loan shall have been madeis denominated. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent Agents shall maintain accounts in which it they shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or any Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the applicable Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it (including the interests and obligations of such Lender after giving effect to the CAM Exchange) be evidenced by a promissory note. In such event, each applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (TripAdvisor, Inc.), Credit Agreement (TripAdvisor, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Almost Family Inc), Credit Agreement (Almost Family Inc)

Repayment of Loans; Evidence of Debt. (a) Each Borrower The Borrowers hereby unconditionally promises promise to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by of such Lender on the Revolving Maturity Date, (ii) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Competitive Term Loan on the last day of the Interest Period applicable to such Loan Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one five Business Day Days after the day on which such Swingline Loan is made, provided that on each date that a Revolving Borrowing is made, the Cayman Borrower shall have been maderepay all Swingline Loans that were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide , which accounts the Administrative Agent with all information needed will make available to maintain such accounts in respect of the Loans administered by such Agenteither Borrower upon its reasonable request. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; , provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the applicable Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Cayman Borrower and the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Seagate Technology Malaysia Holding Co Cayman Islands), Credit Agreement (Veritas Software Technology Corp)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) subject to Section 2.05, to the Applicable Agent for Issuing Bank the account of each Lender the then unpaid principal amount of each Competitive Loan LC Disbursement on the last day earlier of the Interest Period applicable to such Loan Maturity Date and the date set forth in Section 2.05(e), and (iii) subject to Section 2.04, to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date that is ten (10) Business Days after such Swingline Loan is made; provided that on each date that a Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding. At the request of each Lender, the Loans made that is by such Lender shall be evidenced by a Note payable to such Lender in the 15th day or the last day amount of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeLender’s Commitment. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein, absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Strategic Storage Trust IV, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)

Repayment of Loans; Evidence of Debt. (a) Each The Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the ratable account of each Lender the unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan such Lender’s Revolving Loans (and all accrued and unpaid interest thereon) on the earlier of the Maturity Date and the first date after applicable to such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline Loan shall have been madeRevolving Loans. (b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Term Loan Lender the then unpaid principal amount of such Lender’s Term Loans (and all accrued and unpaid interest thereon) on the Maturity Date applicable to such Term Loans. (c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof and (iv) the Maturity Date thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the accounts maintained pursuant to paragraph (bc) or (cd) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any the Borrower to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each the Borrower shall prepare, execute and deliver to such Lender a promissory note notes in the amount of such Lender’s Revolving Commitment or Term Loan Commitment, as applicable, payable to the order of such Lender (or, if requested by such Lender, to such Lender and and, subject to compliance with Section 9.04, its registered assigns) and in substantially the form attached hereto of Exhibit E-1 or Exhibit E-2, as Exhibit F. appropriate. Thereafter, the Loans evidenced by such promissory note notes and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and and, subject to compliance with Section 9.04, its registered assigns)) unless the Borrower is otherwise instructed.

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Plains Gp Holdings Lp)

Repayment of Loans; Evidence of Debt. (a) Each Applicable Borrower hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each of its Revolving Loan made by such Lender Loans on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least one two Business Day Days after the day on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Company shall have been maderepay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower the Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower the Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form attached hereto as Exhibit F. Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time the aggregate Revolving Credit Exposure of the Lenders exceeds the aggregate Commitments of the Lenders, the Company shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans in the amount of such excess. To the extent that, after the prepayment of all Loans an excess of the Revolving Credit Exposure over the aggregate Commitments still exists, the Company shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess. (g) The Administrative Agent will determine the Dollar Equivalent of the aggregate LC Exposure and the Dollar Equivalent of each Loan on each Exchange Rate Date. If at any time the sum of such amounts exceeds 105% of the aggregate Commitments of the Lenders, the Company shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans in the amount of such excess. To the extent that, after the prepayment of all Loans an excess of the sum of such amounts over the aggregate Commitments still exists, the Company shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess.

Appears in 2 contracts

Sources: Credit Agreement (Molex Inc), Credit Agreement (Molex Inc)

Repayment of Loans; Evidence of Debt. (a) Each Borrower The Company hereby unconditionally promises to pay (i) to the Applicable Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender on the Maturity Date, Date and (ii) to the Applicable Agent for the account of each Lender the unpaid principal amount of each Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on demand thereof or by the earlier Swingline Lender. In addition, if after giving effect to the reduction of the Maturity Date Total Commitment on each Reduction Date, the Revolving Credit Exposure exceeds the lesser of the Total Commitment and the first date after such Swingline Availability, the Company shall pay to the Administrative Agent for the account of each Lender an aggregate principal amount of Revolving Loans sufficient to cause the Revolving Credit Exposure not to exceed the lesser of the Total Commitment and the Availability; provided, however, if the repayment of the outstanding Revolving Loans does not cause the Revolving Credit Exposure to be equal to or less than the lesser of the Total Commitment and the Availability, the Company shall deposit in an account with the Administrative Agent in the name of the Administrative Agent and for the benefit of the Lender, an amount in cash equal to the excess of the Revolving Credit Exposure over the Total Commitment, which cash deposit shall be held by the Administrative Agent for the payment of the obligations of the Loan is made that is Parties under this Agreement and the 15th day or the last day of a calendar month and that is at least one Business Day after the day on which such Swingline other Loan Documents. The Administrative Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account other than any interest earned on the investment of such deposit, which investments shall be made at the option and sole discretion of the Administrative Agent and at the Company's risk and expense. Interest or profits, if any, on such investments shall accumulate in such account. Moneys in such account shall be applied by the Administrative Agent to reimburse the Issuing Bank for LC Disbursements for which it has not been madereimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations of the Borrowers for the LC Exposure at such time, or if the maturity of the Loans has been accelerated (but subject to the consent of the Lenders with LC Exposure representing greater than 66_% of the total LC Exposure), be applied to satisfy other obligations of the Loan Parties under this Agreement and the other Loan Documents. At any time when the Revolving Credit Exposure does not exceed the lesser of the Total Commitment and the Availability and so long as no Default or Event of Default shall then exist, upon the request of the Company the amount of such deposit (to the extent not applied as aforesaid) shall be returned to the Company within three Business Days after receipt of such request. (b) On the date that a Change in Control occurs, the Company shall repay the outstanding principal amount of the Loans and all other amounts outstanding hereunder and under the other Loan Documents and shall comply with the provisions of Section 2.06(k); provided, however, if the Change in Control is a result of the death or disability of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ or both, the Company shall make such repayment and comply with the provisions of Section 2.06(k) on the date that is 180 days after such Change in Control occurs, unless such date is not a Business Day in which event such repayment and compliance shall be due on the next Business Day occurring after such date. (c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of each Borrower the Company to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, and (ii) the amounts amount of all sums any principal or interest due and payable or to become due and payable from the Company to each Lender hereunder and (iii) the amount of any sum received by the Agents Administrative Agent hereunder for the accounts account of the Lenders and each Lender’s 's share thereof. Each other Agent shall promptly provide the Administrative Agent with all information needed to maintain such accounts in respect of the Loans administered by such Agent. (de) The entries made in the accounts maintained pursuant to paragraph (bSection 2.10(c) or (cd) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error or conflict therein shall not in any manner affect the obligation of any Borrower the Company to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, each Borrower the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form attached hereto as Exhibit F. 2.10 (each a "Note"). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0411.05) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)therein.

Appears in 2 contracts

Sources: Credit Agreement (Kinder Morgan Bulk Terminals Inc), Credit Agreement (Kinder Morgan Energy Partners L P)