Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Date, (ii) the principal amount of the Tranche B Term Loan (including the principal amount of any Incremental Term Loan that is a Tranche B Term Loan) of such Lender, in installments, payable on each Tranche B Installment Payment Date, in accordance with subsection 4.6(b) (or the then unpaid principal amount of such Tranche B Term Loan on such earlier the date on which that the Tranche B Term Loans become due and payable pursuant to Section 8) 9), and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Tranche B Term Loan and any Incremental Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.16(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a “Revolving Credit Note”), that delivery (ii) a promissory note of Notes shall not be such Borrower evidencing the Tranche B Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a condition precedent to the occurrence “Tranche B Term Note”), (iii) a promissory note of the Closing Date or the making Borrower evidencing any Incremental Term Loan of the Loans or issuance of Letters of Credit on the Closing Date.such Lender (an “Incremental Term Note”) and/or
Appears in 2 contracts
Sources: Credit Agreement (Language Line Costa Rica, LLC), Credit Agreement (Language Line Holdings, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Revolv- ing Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Date, (ii) the principal amount of the Tranche B Term Loan of such Lender, in in- stallments, payable on each Tranche B Installment Payment Date, in accor- dance with subsection 4.4(c) (or the then unpaid principal amount of such Tranche B Term Loan on such earlier the date on which that the Tranche B Term Loans become due and payable pursuant to Section 8) 9 or has been reduced in accordance with subsection 4.4(d)), and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal princi- pal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.4.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant pur- suant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Tranche B Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period Pe- riod applicable thereto, (ii) the amount of 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 Administrative Administra- tive Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted per- mitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender or to repay any other obligations in accordance accor- dance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Administra- tive Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively A with appropriate inser- tions as to date and principal amount (a “"Revolving Credit Note” or “Swing Line Note”, respectively"), (ii) a promissory note of such Borrower evidencing the Tranche B Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Tranche B Term Note"), that delivery of Notes shall not be a condition precedent to and/or (iii) in the occurrence case of the Closing Date or Swing Line Lender, a promissory note of Borrower evidencing the making Swing Line Loans of the Loans or issuance Swing Line Lender, substantially in the form of Letters of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"Swing Line Note").
Appears in 2 contracts
Sources: Credit Agreement (Hollywood Entertainment Corp), Credit Agreement (Hollywood Entertainment Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and 7), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche A Term Loan of such Swing Line Lender on the maturity date thereof Tranche A Term Loan Maturity Date, (but iii) the then unpaid principal amount of each Tranche B-3 Term Loan on the Tranche B-3 Term Loan Maturity Date, (iv) the then unpaid principal amount of each Tranche B-4 Term Loan on the Tranche B-4 Term Loan Maturity Date and (v) the then unpaid principal amount of each Incremental Term Loan on the applicable Incremental Term Loan Maturity Date. All Tranche A Term Loans were repaid in any event not later than full. All Tranche B Term Loans outstanding on the Revolving Credit Termination First Amendment Effective Date were repaid in full on the First Amendment Effective Date), or . All Tranche B-2 Term Loans outstanding on the Second Amendment Effective Date were repaid in each case full on such earlier date on which the Second Amendment Effective Date. All Tranche B-3 Term Loans become due and payable pursuant to Section 2.3(b) or 8were repaid in full. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans (other than the Tranche B-4 Term Loans) from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the date, set forth in Section 2.13. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Tranche B-4 Term Loans from time to time outstanding from the Fourth Amendment Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each LenderL▇▇▇▇▇’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any LenderL▇▇▇▇▇, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Tranche B-4 Term Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”F-1 and F-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes such notes shall not be a condition precedent to the occurrence making of the Loans on the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Restatement Funding Date.
Appears in 2 contracts
Sources: Credit Agreement (B&G Foods, Inc.), Credit Agreement (B&G Foods, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date and (ii) the principal amount of the Tranche B Term Loan (including the principal amount of any Incremental Term Loan that is a Tranche B Term Loan) of such Lender, in installments, payable on each Tranche B Installment Payment Date, in accordance with subsection 4.6 (or the then unpaid principal amount of such Tranche B Term Loan on such earlier the date on which that the Tranche B Term Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date9), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Tranche B Term Loan and any Incremental Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.16(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a “Revolving Credit Note”), that delivery (ii) a promissory note of Notes shall not be Borrower evidencing the Tranche B Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a condition precedent to the occurrence “Tranche B Term Note”) and/or (iii) a promissory note of the Closing Date or the making Borrower evidencing any Incremental Term Loan of the Loans or issuance of Letters of Credit on the Closing Datesuch Lender (an “Incremental Term Note”).
Appears in 2 contracts
Sources: Credit Agreement (Atlantic Broadband Finance, LLC), Credit Agreement (Atlantic Broadband Finance, LLC)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid outstanding principal amount of each all Revolving Credit Loan of such Revolving Credit Lender Loans shall be due and payable on the Revolving Credit Termination Final Maturity Date (or or, if earlier, on such earlier the date on which the Loans become they are declared due and payable pursuant to Section 8) and the terms of this Agreement.
(iib) The outstanding principal of the Initial Term Loan shall be repayable, ratably, in consecutive quarterly installments, each such installment to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become be due and payable pursuant on the last day of each fiscal quarter, commencing with the fiscal quarter ending June 30, 2020, in an amount equal to Section 2.3(b) or 8. The Borrower hereby further agrees $925,000; provided, however, that the last such installment shall be in the amount necessary to pay interest on repay in full the unpaid principal amount of the Loans from time Term Loan on the Final Maturity Date. The outstanding principal amount of the Delayed Draw Term Loan shall be repayable in quarterly installments on the last day of each fiscal quarter, commencing with the first fiscal quarter after the fiscal quarter in which the Delayed Draw Term Loan is drawn, in an amount equal to time outstanding from $75,000; provided, however, that the date hereof until payment last such installment shall be in the amount necessary to repay in full thereof at the rates per annumunpaid principal amount of the Delayed Draw Term Loan. The outstanding principal of the Additional Term Loan shall be repayable, ratably, in consecutive quarterly installments, each such installment to be due and payable on the dateslast day of each fiscal quarter, set forth commencing with the fiscal quarter ending June 30, 2021, in Section 2.11an amount equal to $53,000; provided, however, that the last such installment shall be in the amount necessary to repay in full the unpaid principal amount of the Term Loan on the Final Maturity Date. The outstanding unpaid principal of the Term Loan and all accrued and unpaid interest thereon, shall be due and payable in full on the Final Maturity Date.
(bc) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness the Indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable theretohereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (c) or (d) of this Section 2.5(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(ef) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that Loans made by any Lenderit be evidenced by a note. In such event, the Borrower will promptly Borrowers shall execute and deliver to such Lender a promissory note payable to the order of the Borrower evidencing any Revolving Credit Loans or Swing Line Loanssuch Lender (or, as the case may be, of if requested by such Lender, substantially in to such Lender and its registered assigns). Thereafter, the forms of Exhibit C-1 Loans evidenced by such note and interest thereon shall at all times (including after assignment pursuant to Section 12.07) be represented by one or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent more notes payable to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datepayee named therein and its registered assigns.
Appears in 2 contracts
Sources: Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the then unpaid principal amount of each Additional Revolving Loan of such Lender on the Revolving Termination Date, (iii) the then unpaid principal amount of each Tranche B Term Loan of such Lender on the Maturity Date (or on such earlier the date on which that the Tranche B Term Loans become due and payable pursuant to Section 8) 9 and (iiiv) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Loan, Additional Revolving Loan and Tranche B Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any LenderLender and receipt by the Company of any notes issued to such Lender under the Existing Credit Agreement, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A-1 with appropriate insertions as to date and then outstanding principal amount; providedamount (a “Revolving Note”), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Additional Revolving Loans of such Lender, substantially in the form of Exhibit A-2 with appropriate insertions as to date and principal amount (an “Additional Revolving Note”) and/or (iii) a promissory note of the Company evidencing the Tranche B Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a “Tranche B Term Loan Note”), and/or (iv) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date“Swing Line Note”).
Appears in 1 contract
Sources: Credit Agreement (CSK Auto Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises shall repay all outstanding Tranche A Term Loans on the Tranche A Term Maturity Date. The Borrower shall repay all outstanding Tranche 2-J Term Loans on the Tranche 2-J Term Maturity Date. The Borrower shall repay all outstanding Tranche 3-J Term Loans on the Tranche 3-J Term Maturity Date. The Borrower shall repay all outstanding Tranche 4-J Term Loans on the Tranche 4-J Term Maturity Date. The Borrower shall repay all outstanding Tranche 5-J Term Loans on the Tranche 5-J Term Maturity Date. The Borrower shall repay all outstanding Tranche 6-J Term Loans on the Tranche 6-J Term Maturity Date.
(b) The Incremental Term Loans of each Incremental Term Lender shall mature in one or more installments as specified in the Incremental Term Facility Activation Notice pursuant to pay which such Incremental Term Loans were made, provided that, except in the case of the final installment, (i) to such installments shall be no more frequent than quarterly and (ii) the Administrative Agent aggregate amount of such installments for the account any four consecutive fiscal quarters shall not exceed 1% of the appropriate Revolving Credit Lender aggregate principal amount of such Incremental Term Loans on the date such Term Loans were first made.
(c) The Borrower shall repay the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the relevant Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11.
(bd) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(ce) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the currency, Class and Type of such Loan thereof and each the Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from for the Borrower account of the relevant Lenders and each relevant Lender’s share thereof.
(df) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (d) or (e) of this Section 2.5(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby Borrowers hereby, jointly and severally, unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower such Borrowers by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises unconditionally, and jointly and severally, promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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 Article 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on made to such Borrower in installments according to the maturity date thereof amortization schedule set forth in Section 2.03 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8Article 8). The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Amendment Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.11.Section
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender made to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which shall be recorded it will record (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the any Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.06(c) above shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accountaccounts, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note of the such Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1 or C-2F-2, respectively (a “Revolving Credit Term Note” or “Swing Line Revolving Credit Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; providedamount (and, that delivery in the case of Notes shall not be a condition precedent to Foreign Borrower, with such changes as the occurrence of the Closing Date Administrative Agent reasonably determines are necessary or the making of the Loans or issuance of Letters of Credit on the Closing Dateappropriate).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Tranche B Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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 8), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Swingline Loan of such Swing Line Lender on the maturity date thereof earlier of (but in any event not later than x) the seventh Business Day after such Swingline Loan is borrowed and (y) the Revolving Credit Termination Date), Date (or such earlier date on the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Tranche B Term Loan of such Tranche B Term Loan Lender in each case installments according to the schedule set forth in Section 2.3 (or on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.14.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.7(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche B Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1 or C-2F-2, respectively (a “Revolving Credit Tranche B Term Note” or “Swing Line Revolving Credit Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each 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) unless the Loans outstanding on such date have been converted into term loans pursuant to Section 2.4 and (ii) if the Loans shall have been converted to term loans pursuant to Section 2.4, the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan Loans of such Swing Line Lender outstanding on the maturity date thereof (but Termination Date in any event not later than consecutive quarterly installments of principal, the Revolving Credit first such installment being payable on the first Principal Amortization Date following the Termination Date), and on each Principal Amortization Date thereafter, with all outstanding principal of the Loans being due and payable on the Maturity Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). Except for the principal installment due on the Maturity Date, each such installment of principal shall be in an amount equal to 5% of the outstanding principal of the Loans on the Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.113.1.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 10.6(c), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period Period, if any, applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 3.3(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower that it will promptly execute and deliver to such each Lender on or before the Closing Date, a promissory note of the Borrower dated the date hereof evidencing any Revolving Credit the Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2C, respectively (with a “principal amount equal to such Lender's Revolving Credit Commitment (each, as amended, modified, extended, renewed, or replaced from time to time, a "Note” or “Swing Line Note”, respectively"), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender, Term Loan Lender or the Swing Line Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded (absent manifest error); provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any the Term Loan, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Effective Date or the making of the Loans or issuance of Letters of Credit on the Closing Effective Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Stone hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate each Revolving Credit Lender and Revolving (Supplemental) Lender the then unpaid principal amount of each Revolving Credit Loan and Revolving (Supplemental) 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 Maturity Date, (ii) to the applicable Swing Line Administrative Agent for the account of (x) each Tranche B 41 Lender and (y) each Incremental Term Lender that shall have made Other Term Loans to Stone, the then unpaid principal amount of each Tranche B Loan and such Other Term Loan, respectively, of such Lender in such amounts and on such dates as provided in SECTION 2.11, and (iii) to the Swingline Lender the then unpaid principal amount of each Swing Line Swingline Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Maturity Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower SSC Canada hereby further agrees unconditionally promises to pay interest on (i) to the Canadian Administrative Agent for the account of each Revolving (Canadian) Lender the then unpaid principal amount of each Revolving (Canadian) Loan of such Lender on the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annumRevolving Credit Maturity Date, and (ii) to the Administrative Agent for the account of (x) each Tranche C Lender and (y) each Incremental Term Lender that shall have made Other Term Loans to SSC Canada, the then unpaid principal amount of each Tranche C Loan and such Other Term Loan, respectively, of such Lender in such amounts and on such dates as provided in SECTION 2.11. Except for any B/A Loan (the dates, compensation for which is set forth in Section 2.11SECTION 2.23), each Loan shall bear interest from and including the date made on the outstanding principal balance thereof as set forth in SECTION 2.06.
(b) Each Lender and the Swingline Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Indebtedness to such Lender or the Swingline Lender resulting from each Loan of such Lender or Swingline Loan, respectively, from time to time, including the amounts of principal and interest payable and paid to such Lender or the Swingline Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which shall be recorded it will record (i) the amount of each Loan and Swingline Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such each Loan and each the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender and the Swingline Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower or any Guarantor and each Lender’s 's or the Swingline Lender's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bPARAGRAPHS (b) and (c) of this SECTION 2.04 shall, to the extent permitted by applicable law, laws be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender, the Swingline Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of the either Borrower to repay (with applicable interest) the Loans made to and the Borrower by such Lender Swingline Loans in accordance with the terms of this Agreementtheir terms.
(e) The Borrower agrees that, upon its receipt of notice of the request Any Lender party to the Administrative Agent by Existing Stone Credit Agreement may from time to time request that its existing promissory notes be replaced with a promissory note referring to this Agreement, and any Tranche B Lender, Tranche C Lender or Revolving (Canadian) Lender may request from time to time that its respective Tranche B Loan, Tranche C Loan or Revolving (Canadian) Loan be evidenced by a promissory note. In response to any such request, the applicable Borrower will promptly shall prepare, execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of payable to such Lender, Lender and its registered assigns substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively)EXHIBIT G, with appropriate insertions as the blanks appropriately filled in. Notwithstanding any other provision of this Agreement, in the event that any Lender shall request and receive such a promissory note, the Loans evidenced by such promissory note and interest payable on such Loans shall at all times (including after assignment pursuant to date and then outstanding principal amount; providedSECTION 11.04) be represented by one or more promissory notes, that delivery of Notes shall not be a condition precedent if any, payable to the occurrence 42 order of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datepayee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid outstanding principal amount of each all Revolving Credit Loan of such Revolving Credit Lender Loans shall be due and payable on the Revolving Credit Termination Final Maturity Date (or or, if earlier, on such earlier the date on which the Loans become they are declared due and payable pursuant to Section 8) and the terms of this Agreement.
(iib) to The U.S. Borrowers shall repay the applicable Swing Line Lender the then outstanding unpaid principal amount of each Swing Line the Tranche A Term Loan of such Swing Line Lender in consecutive quarterly installments, on the maturity date thereof (but last Business Day of each fiscal quarter, commencing on January 28, 2017, in any event not later than an amount equal to $250,000; provided, however, that the Revolving Credit Termination Date), or last installment payment of the Tranche A Term Loan shall be in each case on such earlier date on which the Loans become due and payable pursuant amount necessary to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on repay in full the unpaid principal amount of the Loans from time to time Tranche A Term Loan. The outstanding from unpaid principal amount of the Tranche A Term Loan, and all accrued and unpaid interest thereon, shall be due and payable on the earlier of (i) the Final Maturity Date and (ii) the date hereof until payment in full thereof at on which the rates per annum, Tranche A Term Loan is declared due and on payable pursuant to the dates, set forth in Section 2.11terms of this Agreement.
(bc) The Dutch Borrower shall repay the outstanding unpaid principal amount of the Tranche B Term Loan in consecutive quarterly installments, on the last Business Day of each fiscal quarter, commencing on January 28, 2017, in an amount equal to $150,000; provided, however, that the last installment payment of the Tranche B Term Loan shall be in the amount necessary to repay in full the unpaid principal amount of the Tranche B Term Loan. The outstanding unpaid principal amount of the Tranche B Term Loan, and all accrued and unpaid interest thereon, shall be due and payable on the earlier of (i) the Final Maturity Date and (ii) the date on which the Tranche B Term Loan is declared due and payable pursuant to the terms of this Agreement.
(d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness the Indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(ce) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable theretohereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s 's share thereof.
(df) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.03(d) shall, to the extent permitted by applicable law, or Section 2.03(e) shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided, however, provided that (i) the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this AgreementAgreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to Section 2.03(d) and the accounts maintained pursuant to Section 2.03(e), the accounts maintained pursuant to Section 2.03(e) shall govern and control.
(eg) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that Loans made by any Lenderit be evidenced by a promissory note. In such event, the Borrower will promptly applicable Borrowers shall execute and deliver to such Lender a promissory note payable to the order of the Borrower evidencing any Revolving Credit Loans or Swing Line Loanssuch Lender (or, as the case may be, of if requested by such Lender, substantially to such Lender and its registered assigns) in a form furnished by the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date Collateral Agent and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent reasonably acceptable to the occurrence Administrative Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.07) be represented by one or more promissory notes in such form payable to the order of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datepayee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Sources: Financing Agreement (Cherokee Inc)
Repayment of Loans; Evidence of Debt. (a) (i) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate each US Tranche Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the US Tranche Revolving Credit Termination Date (or on such earlier date on which the US Tranche Revolving Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender 9), the then unpaid principal amount of each Swing Line US Tranche Revolving Loan made by such Revolving Lender to the Company, (ii) each Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of such Swing Line each Multicurrency Tranche Revolving Lender on the maturity date thereof Multicurrency Tranche Revolving Termination Date (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Multicurrency Tranche Revolving Loans become due and payable pursuant to Section 2.3(b9), the then unpaid principal amount of each Multicurrency Tranche Revolving Loan made by such Revolving Lender to such Borrower and (iii) or 8the Company hereby unconditionally promises to pay to the Administrative Agent for the account of each Term Lender the principal amount of each Term Loan made by such Term Lender to the Company as provided in subsection 2.15. The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to such Borrower from time to time outstanding from the date hereof Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.11subsection 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender by such Borrower from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder hereunder, (ii) the Type and any Note evidencing Class of each such Loan and, in the case of each Eurocurrency Loan, the Type of such Loan and each Interest Period applicable thereto, (iiiii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder under the applicable Loans and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from each Borrower in respect of the Borrower applicable Loans made to such Borrower, and the amount of each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 2.3(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the applicable Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the applicable Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Multi Currency Credit Agreement (Harman International Industries Inc /De/)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account accounts of the appropriate Revolving Credit Lender applicable Lenders the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on Borrowing no later than the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable applicable Maturity Date. Subject to adjustment pursuant to Section 8) 2.08(h), the Borrower shall repay the Initial Term B-1 Loans on each March 31, June 30, September 30 and December 31 to occur during the term of this Agreement (iicommencing on June 30, 20172018) to and on the applicable Swing Line Lender Initial Term B-1 Facility Maturity Date or, if any such date is not a Business Day, on the then unpaid next succeeding Business Day, in an aggregate principal amount of each Swing Line Loan such Initial Term B-1 Loans equal to 0.25% of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid aggregate principal amount of the such Initial Term B-1 Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and incurred on the datesAmendment No. 1 Effective Date, with the balance of all Initial Term B-1 Loans payable on the Initial Term B-1 Facility Maturity Date. In the event that any Other Term Loans are made, the Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in Section 2.11the related Incremental Amendment, Extension Amendment or Refinancing Amendment.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Class and Type of such Loan thereof and each the Interest Period applicable thereto, (ii) the amount of any principal or and 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 Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (b) or (c) of this Section 2.5(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recordedabsent manifest error; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that Loans made by any Lenderit be evidenced by a promissory note. In such event, the Borrower will promptly shall prepare, execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loanspayable to such Lender (or, as the case may be, of if requested by such Lender, substantially to such Lender and its registered assigns) and in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent form reasonably satisfactory to the occurrence of the Closing Date or the making of Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or issuance of Letters of Credit on more promissory notes in such form payable to the Closing Datepayee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Sources: Credit Agreement (Integrated Device Technology Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent in the Applicable Currency to the applicable Administrative Agent’s Account for the account of the appropriate Revolving Credit Lender Lender, (i) the then unpaid principal amount of each 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 Date, (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in (iii) the then unpaid principal amount of each case Term Loan B on such earlier date the Term Loan B Maturity Date, and (iv) the then unpaid principal amount of each Term Loan C on which the Loans become due and payable pursuant to Section 2.3(b) or 8Term Loan C Maturity Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.16.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), a register and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder (the “Registered Loans”) and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative such Agent hereunder from the Borrower and each Lender’s share thereofthereof (the “Register”).
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.9(c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) a promissory note of the Borrower evidencing any Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in form and substance reasonably satisfactory to the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date Agents and then outstanding principal amountthe applicable Lender; provided, provided that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateDate and the obligations of the Borrower in respect of each Loan shall be enforceable in accordance with the provisions of the Loan Documents whether or not evidenced by any Note.
(f) If, notwithstanding the terms of this Agreement, any Agent receives any payment from or on behalf of the Borrower in a currency other than the Applicable Currency, such Agent may convert the payment (including, without limitation, the monetary proceeds of any realization upon any Collateral and any funds then held in a cash collateral account) into the Applicable Currency at the Currency Exchange Rate in the manner contemplated by Section 10.18. To the extent permitted by law, the obligation shall be satisfied only to the extent of the amount actually received by such Agent upon such conversion.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Five-Year Lender on the Revolving Credit 2024 Extended Termination Date (or on such earlier date on which as the Five-Year Loans become due and payable pursuant to Section 8) and (ii) to Article VII), the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Five-Year Loan of made by such Swing Line Five-Year Lender, (ii) to each Term Lender on the maturity date thereof dates specified in Section 2.1C (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which as the Term Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Term Loan specified in Section 2.3(b2.1C made by such Lender, (iii) to each New Term Lender on the dates specified in Section 2.1E (or 8such earlier date as the New Term Loans become due and payable pursuant to Article VII), the unpaid principal amount of each New Term Loan specified in Section 2.1E made by such Lender, (iv) to each New Term III Lender on the dates specified in Section 2.1G (or such earlier date as the New Term III Loans become due and payable pursuant to Article VII), the unpaid principal amount of each New Term III Loan specified in Section 2.1G made by such Lender, (v) to each Incremental Facility Lender on the applicable Incremental Facility Maturity Date (or such earlier date as the Incremental Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Incremental Loan made by such Incremental Facility Lender and (v) to each applicable 48 Lender on the last day of the applicable Interest Period, the unpaid principal amount of each Competitive Loan made by any such Lender. The Borrower hereby further agrees to pay interest in immediately available funds at the office of the Administrative Agent on the unpaid principal amount of the 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 2.112.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the appropriate lending office of such Lender resulting from each Loan made by such lending office of such Lender from time to time, including the amounts of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such each Loan made and each the Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender▇▇▇▇▇▇’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.5(b) 2.8 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the such account, such Register or any such accountsubaccount, as applicable, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Competitive Advance and Revolving Credit Agreement (Tegna Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8), (ii) the then unpaid principal amount of the Swing Line Loans of the Swing Line Lender on the Termination Date (or such earlier date on which the Swing Line Loans become due and payable pursuant to Section 8) and (iiiii) the then unpaid principal amount of the Bid Loans pursuant to subsection 2.5(d). Each of the Subsidiary Borrowers hereby unconditionally promises to pay to the applicable Swing Line Agent for the account of such Lender the then unpaid principal amount of each Revolving Credit Loan, Bid Loan and Swing Line Loan of such Swing Line Lender to such Subsidiary Borrower on the maturity date thereof Termination Date (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 2.3(b) or 88). The Each of the Borrower and the Subsidiary Borrowers hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding to the Borrower or such Subsidiary Borrower, as applicable, from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.11subsection 2.12.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower and the Subsidiary Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section subsection 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower or a Subsidiary Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.any
Appears in 1 contract
Sources: Credit Agreement (Scotts Company)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Tranche A Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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 8), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b8) and (iii) the principal amount of each Tranche A Term Loan of such Tranche A Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (or 8on 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 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount and Applicable Currency of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent and the Borrower by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche A Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1, F-2 or C-2F-3, respectively (a “"Term Note", "Revolving Credit Note” " or “"Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Tronox Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or the Swing Line Lender and to the Administrative Agent for the account of the appropriate Tranche B Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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 8), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or on any earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Tranche B Term Loan of such Tranche B Term Loan Lender in each case 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 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie primafacie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche B Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1, F-2 or C-2F-3, respectively (a “Term Note”, “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateDate and the obligations of the Borrower in respect of each Loan shall be enforceable in accordance with the provisions of the Loan Documents whether or not evidenced by any Note.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1 or C-2F-2, respectively (a “"Term Note" or "Revolving Credit Note” or “Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises shall repay the Loans to pay Lender (i) on each Monthly Required Payment Date, in an aggregate amount equal to the Administrative Agent for Scheduled Debt Service Payment Amount as of such date, (ii) on the account of Maturity Date, in an aggregate principal amount equal to the appropriate Revolving Credit Lender the then unpaid aggregate principal amount of each Revolving Credit Loan of such Revolving Credit Lender the Loans then outstanding, together with all accrued but unpaid interest on the Revolving Credit Termination Date Loans outstanding on such date, and (or iii) on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8payable. The Borrower B▇▇▇▇▇▇▇ hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment Payment in full thereof Full at the rates per annum, and on the dates, set forth in Section 2.112.8. Each payment of the Scheduled Debt Service Payment Amount pursuant to this Section 2.4(a) shall be applied first to the payment of interest then due and payable on the Loans and second to the payment of principal of the Loans then due and payable.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative AgentL▇▇▇▇▇, on behalf of the BorrowerB▇▇▇▇▇▇▇, shall maintain a register, at one of its offices in the Register pursuant to Section 10.6(d), and a subaccount therein for each LenderUnited States, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent Lender hereunder from Borrower (the Borrower and each Lender’s share thereof“Register”).
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to this Section 2.5(b) 2.4 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such accountRegister, or any error therein, shall not in any manner affect the obligation of 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) The Borrower B▇▇▇▇▇▇▇ agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lenderof L▇▇▇▇▇, the Borrower B▇▇▇▇▇▇▇ will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively form and substance reasonably acceptable to Lender (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay to (i) with respect to Swing Line Loans, the Swing Line Lender, (ii) with respect to Local European Loans in which the purchase of participating interests have not been funded pursuant to subsection 7.5(a), the relevant Local Lender, (iii) with respect to European Overdraft Loans, the European Overdraft Lender and (iv) otherwise, the Administrative Agent for the account of the appropriate Revolving Credit Lender Agent, the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender borrowed by it on the Revolving Credit applicable Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Datehereunder), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding owing by it from the date hereof until payment in full thereof at the rates per annumPER ANNUM, and on the dates, set forth in Section 2.11subsection 10.8.
(b) Each Lender (including, without limitation, the European Overdraft Lender) shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 17.7(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan and thereof, each Interest Period applicable thereto and the Borrower with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the any Borrower and each Lender’s applicable ▇▇▇▇▇▇'s share thereof; PROVIDED that the Administrative Agent shall have no obligation to record in the Register any matters with respect to European Overdraft Loans.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 10.1(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each relevant Borrower agrees that, upon its receipt request of notice of the request to any such Lender through the Administrative Agent by any LenderAgent, the such Borrower will promptly execute and deliver to such Lender Lender:
(i) in the case of a Tranche A Lender, a promissory note of the such Borrower evidencing any Revolving Credit the Tranche A Loans or Swing Line Loans, as the case may be, of such Tranche A Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A-1 with appropriate insertions as to date and then outstanding principal amountamount (a "TRANCHE A NOTE");
(ii) in the case of a Tranche B Lender, a promissory note of such Borrower evidencing the Tranche B Loans of such Tranche B Lender, substantially in the form of Exhibit A-2 with appropriate insertions as to date and principal amount (a "TRANCHE B NOTE");
(iii) in the case of a Revolving Credit Lender, a promissory note of such Borrower evidencing the Revolving Credit Loans of such Revolving Credit Lender, substantially in the form of Exhibit A-3 with appropriate insertions as to date and principal amount (a "REVOLVING CREDIT NOTE"); provided, that delivery of Notes shall not be a condition precedent to and
(iv) in the occurrence case of the Closing Date Swing Line Lender, a promissory note of such Borrower evidencing the Swing Line Loans, substantially in the form of Exhibit A-4 with appropriate insertions as to date and principal amount (a "SWING LINE NOTE"). No promissory notes shall be provided with respect to any European Revolving Loans or the making of the Loans or issuance of Letters of Credit on the Closing DateEuropean Overdraft Facility.
Appears in 1 contract
Sources: Credit Agreement (Hexcel Corp /De/)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) repay Tranche B-1 Term Loans, in Dollars, to the Administrative Agent for the account of each applicable Term Lender (i) commencing December 31, 2017, on the appropriate Revolving Credit Lender last Business Day of each March, June, September and December prior to the then unpaid Initial Term Loan Maturity Date (each such date being referred to as a “Loan Installment Date”), in each case in an amount equal to 0.25% of the original principal amount of each Revolving Credit Loan the Tranche B-1 Term Loans made on the Third Amendment Effective Date (as such payments may be reduced from time to time as a result of the application of prepayments in accordance with Section 2.11 and repurchases in accordance with Section 9.05(g) or increased as a result of any increase in the amount of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Initial Term Loans become due and payable pursuant to Section 8) 2.22(a)), and (ii) on the Initial Term Loan Maturity Date, in an amount equal to the applicable Swing Line Lender remainder of the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time Tranche B-1 Term Loans, outstanding on such date, together in each case with accrued and unpaid interest on the principal amount to time outstanding from be paid to but excluding the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.11of such payment.
(b) [Reserved].
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Class and Type of such Loan thereof and each the Interest Period (if any) applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (c) or (d) of this Section 2.5(b) shall, to the extent permitted by applicable law, 2.10 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register such accounts or any such account, or any manifest error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement; provided, further, that in the event of any inconsistency between the accounts maintained by the Administrative Agent pursuant to paragraph (d) of this Section 2.10 and any Lender’s records, the accounts of the Administrative Agent shall govern.
(ef) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that Loans made by any Lenderit be evidenced by a Promissory Note. In such event, the Borrower will promptly shall prepare, execute and deliver to such Lender a promissory note of Promissory Note payable to such Lender and its registered assigns; it being understood and agreed that such Lender (and/or its applicable assign) shall be required to return such Promissory Note to the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), accordance with appropriate insertions as to date Section 9.05(b)(iii) and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to upon the occurrence of the Closing Termination Date (or the making of the Loans or issuance of Letters of Credit on the Closing Dateas promptly thereafter as practicable).
Appears in 1 contract
Sources: Term Loan Credit Agreement (PQ Group Holdings Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) 8), and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1 or C-2F-2, respectively (a “Revolving Credit Term Note” or “Swing Line Revolving Credit Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Dollar Revolving Credit Lender and the Dollar Swing Line Lender and to the Administrative Agent for the account of the appropriate Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Dollar Revolving Credit Loan of such Dollar 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), (ii) the then unpaid principal amount of each Dollar Swing Line Loan of such Dollar Swing Line 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 (iii) 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 and, in any event, in full on May 4, 2014 (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (iv) with respect to any Incremental Term Loan under an Incremental Term Loan Facility, the principal amount of each Incremental Term Loan of the relevant series of Incremental Term Loans according to the relevant repayment schedule agreed to by the Lenders of such Incremental Term Loan pursuant to Section 2.25 (or on such earlier date on which the Loans become due and payable pursuant to Section 8).
(b) The Borrower and each Foreign Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the appropriate Multicurrency Revolving Credit Lender or the Euro Swing Line Lender (i) the then unpaid amount of each Multicurrency Revolving Credit Loan of such Multicurrency 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) to the applicable Swing Line Lender the then unpaid principal amount of each Euro Swing Line Loan of such Euro Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b8).
(c) The German Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the appropriate German Revolving Credit Lender (i) the then unpaid principal amount of each German Revolving Credit Loan of such German Revolving Credit Lender on the Revolving Credit Termination Date (or 8. The on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) the then unpaid principal amount of each German Swing Line Loan of such German Swing Line Lender on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8).
(d) Each of the Borrower and each Foreign Borrower hereby further agrees agree to pay interest on the unpaid principal amount of the Loans borrowed by the Borrower and each Foreign Borrower, as applicable, 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 2.112.15.
(be) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower and each Foreign Borrower, as applicable, to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cf) The Administrative Agent, on behalf of the Borrower, Borrower and each Foreign Borrower shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower and each Foreign Borrower, as applicable, to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Foreign Borrower and each Lender’s share thereof.
(dg) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(e) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower and each Foreign Borrower therein recorded; provided, however, that the failure of any Lender Lender, the Administrative Agent or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower or each Foreign Borrower, as applicable, to repay (with applicable interest) the Loans made to the Borrower any each Foreign Borrower by such Lender in accordance with the terms of this Agreement.
(eh) The Each of the Borrower agrees and each Foreign Borrower agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower or each Foreign Borrower, as applicable, will promptly execute and deliver to such Lender a promissory note of the Borrower or such Foreign Borrower evidencing any Term Loans, Revolving Credit Loans or and Swing Line Loans, as the case may be, be of such Lender, Lender substantially in the forms of Exhibit C-1 G-1, G-2 or C-2G-3(a “Term Note”, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateDate and the obligations of the Borrower and each Foreign Borrower in respect of each Loan shall be enforceable in accordance with the Loan Documents whether or not evidenced by any Note.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the principal amount of the Term Loan of such Lender, in twelve consecutive installments, payable on each Installment Payment Date (or on the then unpaid principal amount of such earlier Term Loan, or the date on which that the Term Loans become due and payable pursuant to Section 8) 9 and on the Maturity Date and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "REVOLVING CREDIT NOTE"), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "TERM LOAN NOTE"), and/or (iii) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"SWING LINE NOTE ").
Appears in 1 contract
Sources: Credit Agreement (Prime Service Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender, Incremental Revolving Credit Lender or Term Loan Lender or the Swing Line Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) the then unpaid principal amount of each Incremental Revolving Credit Loan of such Incremental Revolving Credit Lender on the Incremental Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (iii) the then unpaid principal amount of each Swing Line Loan of the Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iiiv) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d10.6(b), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans, Revolving Credit Loans, Incremental Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Nebraska Book Co)
Repayment of Loans; Evidence of Debt. vi)
(ai) The Term Loan of each Term Lender shall be repayable on the last day of each March, June, September and December (commencing on September 30, 2011) in an amount equal to the product of (x) such Term Lender’s Term Percentage multiplied by (y) an amount equal to 0.25% of the aggregate principal amount of the Term Loans on the Amendment Effective Date. To the extent not previously paid, all Term Loans shall be due and payable on the Term Loan Maturity Date (or such earlier date on which the Term Loans become due and payable pursuant to Section 8).
(ii) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). 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 2.112.10.
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cb) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(dc) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.3(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(ed) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 F-1 or C-2F-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively)as applicable, with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Class B Lender the then unpaid principal amount of each Class B Revolving Credit Loan of such Revolving Credit Class B Lender on the Revolving Credit Class B Original Termination Date (or on such earlier date on which the Loans become due and payable respective Termination Date following any Extension of Class B Revolving Loan Commitments pursuant to Section 8) and (ii) 2.27). The Borrower hereby unconditionally promises to pay to the applicable Swing Line Administrative Agent for the account of each Class C Lender the then unpaid principal amount of each Swing Line Class C Revolving Loan of such Swing Line Class C Lender on the maturity date thereof Class C Original Termination Date (but in or on the respective Termination Date following any event not later than the Extension of Class C Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable Loan Commitments pursuant to Section 2.3(b) or 8. The 2.27).The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative AgentAgent shall, on behalf in respect of the BorrowerRevolving Facility, shall maintain record in the Register pursuant to Section 10.6(d)Register, and a subaccount therein with separate sub-accounts for each Lender, in which shall be recorded (i) the amount and Borrowing Date of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable theretohereunder, (ii) the amount of 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 payment received by the Administrative Agent hereunder from the Borrower and each Lender’s share Class Revolving Commitment Percentage thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bSections 2.8(b) and (c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The If so requested after the Closing Date by any Lender by written notice to the Borrower agrees that, upon its receipt of notice of the request (with a copy to the Administrative Agent by any LenderAgent), the Borrower will promptly execute and deliver to such Lender a promissory note of Lender, promptly after the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, Borrower’s receipt of such notice, a Note to evidence such Lender, substantially ’s Loans in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date form and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent substance reasonably satisfactory to the occurrence of Administrative Agent and the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateBorrower.
Appears in 1 contract
Sources: Credit Agreement (Calpine Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Date, (ii) the principal amount of the Tranche A Term Loan of such Lender, in installments, payable on each Tranche A Installment Payment Date, in accordance with subsection 4.6(a) (or the then unpaid principal amount of such Tranche A Term Loan on such earlier the date on which that the Tranche A Term Loans become due and payable pursuant to Section 8) and 9), (iiiii) to the applicable Swing Line Lender principal amount of the Tranche B Term Loan (including the principal amount of any Incremental Term Loan that is a Tranche B Term Loan) of such Lender, in installments, payable on each Tranche B Installment Payment Date, in accordance with subsection 4.6(b) (or the then unpaid principal amount of each Swing Line such Tranche B Term Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Tranche B Term Loans become due and payable pursuant to Section 2.3(b9), and (iv) or 8the then unpaid principal amount of the Swing Line Loans of the Swing Line Lender on the Revolving Credit Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Tranche A Term Loan, Tranche B Term Loan and any Incremental Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.16(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a “Revolving Credit Note”), that delivery (ii) a promissory note of Notes shall not be Borrower evidencing the Tranche A Term Loan of such Lender, substantially in the form of Exhibit B-1 with appropriate insertions as to date and principal amount (a condition precedent “Tranche A Term Note”), (iii) a promissory note of such Borrower evidencing the Tranche B Term Loan of such Lender, substantially in the form of Exhibit B-2 with appropriate insertions as to date and principal amount (a “Tranche B Term Note”), (iv) a promissory note of Borrower evidencing any Incremental Term Loan of such Lender (an “Incremental Term Note”) and/or (v) in the occurrence case of the Closing Date or Swing Line Lender, a promissory note of Borrower evidencing the making Swing Line Loans of the Loans or issuance Swing Line Lender, substantially in the form of Letters of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date“Swing Line Note”).
Appears in 1 contract
Sources: Credit Agreement (Atlantic Broadband Management, LLC)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of and each Multicurrency Loan made by such Revolving Credit Lender to such Borrower, on the Revolving Credit Facilities Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) 10) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Tranche B Term Loan of made by such Swing Line Lender on to such Borrower, in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 810). The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.115.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the each Borrower, shall maintain the Register pursuant to Section 10.6(d)10, and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made or continued hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b5.1(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note of the such Borrower evidencing any Tranche B Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-2, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Six Flags, Inc.)
Repayment of Loans; Evidence of Debt. (a) The (i) Each applicable US Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate each US Revolving Credit Lender the then unpaid principal amount of each US 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 applicable Maturity Date, (ii) each applicable Canadian Borrower hereby unconditionally promises to pay to the applicable Swing Line Administrative Agent for the account of each Canadian Revolving Credit Lender the then unpaid principal amount of each Swing Line Canadian Revolving Credit Loan of such Swing Line Lender on the maturity date thereof applicable Maturity Date and (but in any event not later than the Revolving Credit Termination Date), or in iii) each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The applicable Borrower hereby further agrees unconditionally promises to pay interest on each applicable Swingline Lender the then unpaid principal amount of each Swingline Loan on the Loans from time to time outstanding from earlier of (A) the date hereof until payment in full thereof at that is 10 Business Days after such Swingline Loan is made and (B) the rates per annum, and on the dates, set forth in Section 2.11applicable Maturity Date.
(b) Each US Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each FILO Lender (x) on the first Table of Contents calendar day of the month following each FILO Amortization Date, FILO Loans in an aggregate principal amount equal to $1,388,888.88 (together with accrued and unpaid interest on the amounts so repaid) and (y) on the applicable Maturity Date, the then unpaid principal amount of each FILO Loan of such Lender. The Lead Borrower may repay the FILO Loans in accordance with Section 2.9(a), including in connection with a FILO Reclassification Election, with any voluntary repayments being applied to scheduled amortization as determined by the Lead Borrower.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the applicable Borrower to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Class and Type of such Loan thereof and each if applicable, the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (b) or (c) of this Section 2.5(b) shall2.8 shall be conclusive, to the extent permitted by applicable lawabsent manifest error, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of the applicable Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(ef) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to through the Administrative Agent that Loans made by any Lenderit be evidenced by a promissory note. In such event, the applicable Borrower will promptly shall prepare, execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans payable to such Lender (or Swing Line Loans, as the case may be, of if requested by such Lender, substantially to such Lender and its registered assigns) and in the forms form of Exhibit C-1 G. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent more promissory notes in such form payable to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datepayee named therein (and its registered assigns).
Appears in 1 contract
Sources: Abl Credit Agreement (Foundation Building Materials, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers, jointly and severally, hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender the then unpaid principal amount of each Revolving Credit Loan the Loans of such Revolving Credit Lender on the Revolving Credit 364-Day Commitment Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) 7). The Borrowers, jointly and (ii) severally, hereby unconditionally promise to the applicable Swing Line Same Day Lender to pay the then unpaid principal amount of each Swing Line Same Day Loan on the earlier of the 364-Day Commitment Termination Date and the first Business Day after the Borrowing Date for such Same Day Loan or, if an Interest Period was selected in the applicable Borrower's notice of borrowing for such Same Day Loan, the last day of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8Interest Period. The Borrower Borrowers, jointly and severally, hereby further agrees agree to pay interest on the unpaid principal amount of the 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 2.11.full
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, subsection 9.6(d) in which shall be recorded with respect to each Borrower (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the such Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 2.2(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the either Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees Borrowers agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Borrowers will promptly execute and deliver to such Lender a promissory note of the Borrower Borrowers evidencing any Revolving Credit the Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be amount (a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date"Note").
Appears in 1 contract
Sources: 364 Day Credit Agreement (Chevron Phillips Chemical Co LLC)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby ----------------------------------------- unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of made to it by such Revolving Credit Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9), (ii) the then unpaid principal amount of each Swing Line Loan made to it by such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9), (iii) the principal amount of each Tranche A Term Loan made to it by such 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) 9) and (iiiv) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche B Term Loan of made to it by such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 89). The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it 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 2.113.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d12.6(e), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b3.1(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the ----- ----- obligations of the Borrower Borrowers therein recorded; provided, however, that the -------- ------- failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the relevant Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The relevant Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note of the such Borrower evidencing any Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1, F-2, F-3 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”F-4, respectively), as applicable, with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the principal amount of the Term Loan of such Lender, in fourteen 51 46 consecutive installments, payable on each Installment Payment Date (or on the then unpaid principal amount of such earlier Term Loan, or the date on which that the Term Loans become due and payable pursuant to Section 8) 9 and on the Maturity Date and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note"), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "Term Loan Note"), and/or (iii) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"Swing Line Note ").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88), provided that to the extent not otherwise paid in full, all principal outstanding in respect of the Term Loans shall be paid on the Term Loan Maturity Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2G-2, respectively (a “"Term Note" or "Revolving Credit Note” or “Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Scheduled Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”F-2, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Panavision Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and 7), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche A Term Loan of such Swing Line Lender on the maturity date thereof Tranche A Term Loan Maturity Date, (but iii) the then unpaid principal amount of each Tranche B-3 Term Loan on the Tranche B-3 Term Loan Maturity Date, (iv) the then unpaid principal amount of each Tranche B-4 Term Loan on the Tranche B-4 Term Loan Maturity Dat ande, (v) the then unpaid principal amount of each Tranche B-5 Term Loan on the Tranche B-5 Term Loan Maturity Date and (vi) the then unpaid principal amount of each Incremental Term Loan on the applicable Incremental Term Loan Maturity Date. All Tranche A Term Loans were repaid in any event not later than full. All Tranche B Term Loans outstanding on the Revolving Credit Termination First Amendment Effective Date were repaid in full on the First Amendment Effective Date), or . All Tranche B-2 Term Loans outstanding on the Second Amendment Effective Date were repaid in each case full on such earlier date on which the Second Amendment Effective Date. All Tranche B-3 Term Loans become due and payable pursuant to Section 2.3(b) or 8were repaid in full. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans (other than the Tranche -4B-5 Term Loans) from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the date, set forth in Section 2.13. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Tranche -4B-5 Term Loans from time to time outstanding from theFourth Eighth Amendment Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (B&G Foods, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the principal amount of the Term Loan of such Lender, in nine consecutive installments with respect to the Tranche B Term Loans and the Tranche B-1 Term 49 EXECUTION COPY Loans and eight consecutive installments with respect to Tranche B-2 Term Loans, payable on each Installment Payment Date (or on the then unpaid principal amount of such earlier Term Loan, or the date on which that the Term Loans become due and payable pursuant to Section 8) 9) and on the Maturity Date and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Tranche B Term Loan, Tranche B-1 Term Loan and Tranche B-2 Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any LenderLender and receipt by the Company of any notes issued to such Lender under the Existing Credit Agreement, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note"), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Tranche B Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "Tranche B Note"), and/or (iii) a promissory note of the Company evidencing the Tranche B-1 Term Loan of such Lender, substantially in the form of Exhibit B-1 with appropriate insertions as to date and principal amount (a "Tranche B-1 Note") and/or (iv) a promissory note of the Company evidencing the Tranche B-2 Term Loan of such Lender, substantially in the form of Exhibit B-2 with appropriate insertions as to date and principal amount (a "Tranche B-2 Note"; each Tranche B Note, Tranche B-1 Note and Tranche B-2 Note, a "Term Loan Note", and collectively, the "Term Loan Notes"), and/or (v) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"Swing Line Note").
Appears in 1 contract
Sources: Credit Agreement (CSK Auto Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby ------------------------------------ unconditionally promises to pay (i) to the US Administrative Agent for the account of the appropriate Revolving Credit each US$ Lender the then unpaid principal amount of each Revolving Credit US$ Loan of such Revolving Credit US$ Lender on the Revolving Credit Termination Date (or on such earlier date on which the US$ Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date9), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the US$ 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 2.11subsection 4.5.
(b) The Canadian Borrower hereby unconditionally promises to pay to the Canadian Administrative Agent for the account of each C$ Lender the then unpaid principal amount of each C$ Loan of such C$ Lender on the Termination Date (or such earlier date on which the C$ Loans become due and payable pursuant to Section 9). The Canadian Borrower hereby further agrees to pay interest on the unpaid principal amount of the C$ 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 subsection 4.5.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the relevant Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cd) The Each Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each relevant Lender, in which shall be recorded (i) the amount of each relevant Loan made hereunder and any Note evidencing hereunder, whether such Loan is, as applicable, a US$ Loan, a C$ Prime Loan or a Bankers' Acceptance, the Type of such each US$ Loan made and each Interest Period applicable theretoto any Eurodollar Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the relevant Borrower to each relevant Lender hereunder and (iii) both the amount of any sum received by the such Administrative Agent hereunder from the relevant Borrower and each relevant Lender’s 's share thereof.
(de) The entries made in the Register Registers and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.1(c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the ----- ----- obligations of the relevant Borrower therein recorded; provided, however, that -------- ------- the failure of any Lender or the either Administrative Agent to maintain the such Register or any such account, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interestinterest and all other amounts owing with respect thereto) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(ef) The Borrower Company agrees that, upon its receipt of notice of the request to the US Administrative Agent by any US$ Lender, the Borrower Company will promptly execute and deliver to such Lender a promissory note of the Borrower Company evidencing any Revolving Credit the US$ Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A-1 with appropriate insertions as to date and then outstanding principal amount; providedamount (a "US$ Note"). --------
(g) The Canadian Borrower agrees that, that delivery of Notes shall not be a condition precedent upon the request to the occurrence Canadian Administrative Agent by any C$ Lender, the Canadian Borrower will execute and deliver to such Lender a promissory note of the Closing Date or Canadian Borrower evidencing the making C$ Prime Loans of such Lender, substantially in the Loans or issuance form of Letters of Credit on the Closing Date.Exhibit A-2 with appropriate insertions as to date and principal amount (a "C$ -- Note"). ----
Appears in 1 contract
Sources: Credit Agreement (Pierce Leahy Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line principal amount of the Term Loans of each Lender in 12 equal consecutive quarterly installments, payable on the first day of each February, May, August and November commencing August 1, 1998 (or the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender Term Loans, on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Term Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section subsection 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 2.6(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "REVOLVING CREDIT NOTE"), that delivery of Notes shall not be a condition precedent to the occurrence and/or (ii) promissory notes of the Closing Date or Borrower evidencing the making Term Loans of such Lender, substantially in the Loans or issuance form of Letters of Credit on the Closing DateExhibit B with appropriate insertions as to date and principal amount (a "TERM NOTE").
Appears in 1 contract
Sources: Credit Agreement (Recoton Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the principal amount of the Term Loan of such Lender, in 14 consecutive installments, payable on each Installment Payment Date (or the then unpaid principal amount of such Term Loan, on such earlier the date on which that the Term Loans become due and payable pursuant to Section 8) 9), and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note"), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Term Loan of such 45 Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "Term Loan Note"), and/or (iii) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"Swing Line Note").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Facility Maturity Date, in accordance with subsection 4.4(d) (or the then unpaid principal amount of such Loan on such earlier the date on which that the Loans become due and payable pursuant to Section 8) 9), and (ii) to the applicable Swing Line Lender principal amount of the Incremental Term Loan of such Lender, on the dates and in the amounts set forth in the relevant Incremental Joinder Agreement, in accordance with subsection 4.4(d) (or the then unpaid principal amount of each Swing Line such Incremental Term Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Incremental Term Loans become due and payable pursuant to Section 2.3(b) or 89). The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(b)(iv), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the applicable Borrower, (iii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(ei) The U.S. Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower it will promptly execute and deliver to such Lender a promissory note of evidencing the Loan made to the U.S. Borrower evidencing (including any Revolving Credit Loans or Swing Line Loans, as Incremental Term Loan incurred by the case may be, U.S. Borrower) of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving A-1 to the Original Credit Note” or “Swing Line Note”, respectively), Agreement with appropriate insertions as to date and then outstanding principal amount; providedamount (a “U.S. Note”) and (ii) the Bermuda Borrower agrees that, that delivery of Notes shall not be a condition precedent upon the request to the occurrence Administrative Agent by any Lender, it will execute and deliver to such Lender a promissory note evidencing the Loan made to the Bermuda Borrower (including any Incremental Term Loan incurred by the Bermuda Borrower) of such Lender, substantially in the Closing Date or form of Exhibit B-2 to the making of the Loans or issuance of Letters of Original Credit on the Closing DateAgreement with appropriate insertions as to date and principal amount (a “Bermuda Note”).
Appears in 1 contract
Sources: Second Lien Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Repayment of Loans; Evidence of Debt. (a) (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such the Revolving Credit Lender on the applicable Revolving Credit Termination Maturity Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the Revolving Credit Maturity Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8), (iii) the then unpaid principal amount of each Initial Term Loan of such Initial Term Loan Lender on the Initial Term Loan Maturity Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8); (iv) the then unpaid principal amount of each New Incremental Loan of such New Incremental Loan Lender on the New Incremental Loan Maturity Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (iiv) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Incremental Term Loan of such Swing Line Incremental Term Loan Lender on the maturity date thereof Incremental Term Loan Maturity Date (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement; provided, further, that if such accounts are inconsistent with the Register, the Register shall prevail.
(e) The Borrower agrees that, upon its receipt the request by the Administrative Agent as a result of notice of the a request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans, substantially in the form of Exhibit D-1, Revolving Credit Loans substantially in the form of Exhibit D-2, or Swing Line LoansLoans substantially in the form of Exhibit D3, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively be (a “Term Note”, “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Five-Year Lender on the appropriate Revolving Credit 2024 ExtendedFive-Year Termination Date (or such earlier date as the Five-Year Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Five-Year Loan made by such Five-Year Lender, , (ii) to each Term Lender on the dates specified in Section 2.1C (or such earlier date as the Term Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Term Loan specified in Section 2.1C made by such Lender, (iii) to each New Term Lender on the dates specified in Section 2.1E (or such earlier date as the New Term Loans become due and payable pursuant to Article VII), the unpaid principal amount of each New Term Loan specified in Section 2.1E made by such Lender, (iv) to each New Term III Lender on the dates specified in Section 2.1G (or such earlier date as the New Term III Loans become due and payable pursuant to Article VII), the unpaid principal amount of each New Term III Loan specified in Section 2.1G made by such Lender, (v) tothe Administrative Agent for the account of each Incremental Facility Lender on the applicable Incremental Facility Maturity Date (or such earlier date as the Incremental Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Incremental Loan made by such Incremental Facility Lender and, (viii) to the Administrative Agent for the account of each applicable Lender on the last day of the applicable Interest Period, the unpaid principal amount of each Competitive Loan made by any such Lender and (iv) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Revolving Credit Swingline Loan of such Revolving Credit Lender on the Revolving Credit earlier of the Five-Year Termination Date (or and the fifth Business Days after such Swingline Loan is made; provided that on each date that a Five-Year Loan is made, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such earlier date on which Five-Year Loan shall be applied by the Administrative Agent to repay any Swingline Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8outstanding. The Borrower hereby further agrees to pay interest in immediately available funds at the office of the Administrative Agent on the unpaid principal amount of the 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 2.112.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the appropriate lending office of such Lender resulting from each Loan made by such lending office of such Lender from time to time, including the amounts of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such each Loan made and each the Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender▇▇▇▇▇▇’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.5(b) 2.8 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the such account, such Register or any such accountsubaccount, as applicable, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Competitive Advance and Revolving Credit Agreement (Tegna Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d10.6(e), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, PROVIDED that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of promptly following the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any Term Loans (a "TERM NOTE") or Revolving Credit Loans or Swing Line Loans(a "REVOLVING CREDIT NOTE"), as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-2, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Facility Maturity Date, in accordance with subsection 4.4(d) (or the then unpaid principal amount of such Loan on such earlier the date on which that the Loans become due and payable pursuant to Section 8) 9), and (ii) to the applicable Swing Line Lender principal amount of the Incremental Term Loan of such Lender, on the dates and in the amounts set forth in the relevant Incremental Joinder Agreement, in accordance with subsection 4.4(d) (or the then unpaid principal amount of each Swing Line such Incremental Term Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Incremental Term Loans become due and payable pursuant to Section 2.3(b) or 89). The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11,6(b)(iv), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the applicable Borrower, (iii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(ei) The U.S. Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower it will promptly execute and deliver to such Lender a promissory note of evidencing the Loan made to the U.S. Borrower evidencing (including any Revolving Credit Loans or Swing Line Loans, as Incremental Term Loan incurred by the case may be, U.S. Borrower) of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving A-1 to the Original Credit Note” or “Swing Line Note”, respectively), Agreement with appropriate insertions as to date and then outstanding principal amount; providedamount (a “U.S. Note”) and (ii) the Bermuda Borrower agrees that, that delivery of Notes shall not be a condition precedent upon the request to the occurrence Administrative Agent by any Lender, it will execute and deliver to such Lender a promissory note evidencing the Loan made to the Bermuda Borrower (including any Incremental Term Loan incurred by the Bermuda Borrower) of such Lender, substantially in the Closing Date or form of Exhibit B-2 to the making of the Loans or issuance of Letters of Original Credit on the Closing DateAgreement with appropriate insertions as to date and principal amount (a “Bermuda Note”).
Appears in 1 contract
Sources: Second Lien Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and 7), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche A Term Loan of such Swing Line Lender on the maturity date thereof Tranche A Term Loan Maturity Date, (but in any event not later than iii) the Revolving Credit Termination then unpaid principal amount of each Tranche B Term Loan on the Tranche B Term Loan Maturity Date and (iv) the then unpaid principal amount of each Incremental Term Loan on the applicable Incremental Term Loan Maturity Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans, Tranche A Term Loans or Swing Line Tranche B Term Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2F-1, respectively (a “Revolving Credit Note” or “Swing Line Note”F-2, and F-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes such notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (B&G Foods, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Date, (ii) the principal amount of the Tranche B Term Loan (including the principal amount of any Incremental Term Loan that is a Tranche B Term Loan) of such Lender, in installments, payable on each Tranche B Installment Payment Date, in accordance with subsection 4.6(b) (or the then unpaid principal amount of such Tranche B Term Loan on such earlier the date on which that the Tranche B Term Loans become due and payable pursuant to Section 8) 9), and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Tranche B Term Loan and any Incremental Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.16(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower agrees Borrowers agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Borrowers will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Borrowers evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A hereto with appropriate insertions as to date and then outstanding principal amount; providedamount (a “Revolving Credit Note”), that delivery (ii) a promissory note Table of Notes shall not be a condition precedent to the occurrence Contents of the Closing Date or Borrowers evidencing the making Tranche B Term Loan of such Lender, substantially in the form of Exhibit B hereto with appropriate insertions as to date and principal amount (a “Tranche B Term Note”), (iii) a promissory note of the Borrowers evidencing any Incremental Term Loan of such Lender (an “Incremental Term Note”) and/or (iv) in the case of the Swing Line Lender, a promissory note of the Borrowers evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C hereto with appropriate insertions as to date and principal amount (the Closing Date“Swing Line Note”).
Appears in 1 contract
Sources: Senior Secured Credit Agreement (Language Line Services Holdings, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account accounts of the appropriate Revolving Credit Lender applicable Lenders the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on Borrowing no later than the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable applicable Maturity Date. Subject to adjustment pursuant to Section 8) 2.08(h), the Borrower shall repay the Initial Term B Loans on (x) each March 31, June 30, September 30 and December 31 to occur during the term of this Agreement (commencing on September 30, 2021) and (iiy) to the applicable Swing Line Lender Initial Term B Facility Maturity Date or, if any such date is not a Business Day, on the then unpaid next succeeding Business Day, in an aggregate principal amount of each Swing Line Loan such Initial Term B Loans equal to 1.25% of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid aggregate principal amount of the such Initial Term B Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and incurred on the datesAmendment No. 13 Effective Date, with the balance of all Initial Term B Loans payable on the Initial Term B Facility Maturity Date. In the event that any Other Term Loans are made, the Borrower shall repay such Other Term Loans on the dates and in the amounts set forth in Section 2.11the related Incremental Term Loan Amendment, Extension Amendment or Refinancing Amendment.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender ▇▇▇▇▇▇ from time to time under this Agreementhereunder.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Class and Type of such Loan thereof and each the Interest Period applicable thereto, (ii) the amount of any principal or and 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 Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (b) or (c) of this Section 2.5(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided, however, provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that Loans made by any Lenderit be evidenced by a promissory note. In such event, the Borrower will promptly shall prepare, execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loanspayable to such Lender (or, as the case may be, of if requested by such Lender, substantially to such Lender and its registered assigns) and in a form approved by the forms of Exhibit C-1 Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent more promissory notes in such form payable to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datepayee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Sources: Credit Agreement (Adeia Inc.)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally jointly and severally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each R-1 Revolving Credit Loan of such Revolving Credit Lender on the Original Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to SECTION 8), (ii) the then unpaid principal amount of each R-2 Revolving Credit Loan of such Revolving Credit Lender on the New Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to SECTION 8), (iii) the principal amount of each Term Loan of such 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) and (iv) the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the New Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Each Borrower hereby further jointly and severally agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d10.6(c), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees Borrowers agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Borrowers will promptly execute and deliver to such Lender a promissory note of the Borrower Borrowers evidencing any Term Loans, R-1 Revolving Credit Loans, R-2 Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 ▇-▇, ▇-▇, G-3 or C-2G-4, respectively (a “Term Note”, “R-1 Revolving Credit Note”, “R-2 Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Second Restatement Effective Date or the making (or deemed making) of the Loans or issuance of Letters of Credit on the Closing Second Restatement Effective Date; and provided, further, that all Notes outstanding as of the Second Restatement Effective Date shall be deemed to reflect whether the Loans and Commitments evidenced thereby are R-1 Revolving Credit Loans, R-2 Revolving Credit Loans, R-1 Revolving Credit Commitments, R-2 Revolving Credit Commitments, Term Loans or Swing Line Loans, based on whether the Lender holding such Notes is a Extending Lender or Non-Extending Lender as of such date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Primary Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender each applicable Lender:
(i) the then unpaid principal amount of each Revolving Credit Loan of such each Revolving Credit Lender Lender, and each Swing Line Loan, on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) and 15);
(ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Tranche A Loan of such Swing Line each Tranche A Lender on the maturity dates and in the amounts set forth in subsection 2.3 (or the then unpaid principal amount of such Tranche A Loan, on the date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Tranche A Loans become due and payable pursuant to Section 2.3(b15);
(iii) the then unpaid principal amount of the Tranche B Loan of each Tranche B Lender on the dates and in the amounts set forth in subsection 3.3 (or 8. the then unpaid principal amount of such Tranche B Loan, on the date that the Tranche B Loans become due and payable pursuant to Section 15); The Primary Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it 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 2.11subsection 9.8.
(b) Each German Borrower hereby unconditionally promises to pay to the German Term Loan Servicing Bank for the account of each German Term Loan Lender the then unpaid principal amount of each German Term Loan made by such German Term Loan Lender and owing by such German Borrower on the dates and in the amounts set forth in subsection 4.3 (or the then unpaid principal amount of such German Term Loan, on the date that the German Term Loans become due and payable pursuant to Section 15). Each German Borrower hereby further agrees to pay interest on the unpaid principal amount of the German Term Loans outstanding and owing by such German Borrower from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in subsection 9.8.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cd) The Administrative AgentAgent and the German Term Loan Servicing Bank, on behalf of the Borroweras applicable, shall maintain the Register pursuant to Section 10.6(dsubsection 17.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent or the German Term Loan Servicing Bank, as the case may be, hereunder from the each Borrower and each applicable Lender’s 's share thereof.
(de) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 9.1(d) shall, to the extent permitted by applicable law, be prima facie evidence (i) of the existence and amounts of the obligations of the Borrower Borrowers therein recordedrecorded and (ii) for the purposes of determining the Required German L/C Amount on any date of determination thereof; provided, however, in either case that the failure of any Lender or the Administrative Agent or the German Term Loan Servicing Bank to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(ef) The Primary Borrower agrees that, upon its receipt request of notice of the request to any Lender through the Administrative Agent by any (which request is made on or prior to the date on which such Lender becomes a Lender), the Primary Borrower will promptly execute and deliver to such Lender a promissory note note, substantially in the form of the Borrower evidencing any Revolving Credit Loans Exhibit ▇-▇, ▇-▇ or Swing Line LoansA-3 , as the case may bebe (each, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit "Note” or “Swing Line Note”, respectively"), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent evidencing the Loans made by such Lender to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DatePrimary Borrower.
Appears in 1 contract
Sources: Credit Agreement (Dynatech Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and 7), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche A Term Loan of such Swing Line Lender on the maturity date thereof Tranche A Term Loan Maturity Date, (but in any event not later than iii) the Revolving Credit Termination then unpaid principal amount of each Tranche B Term Loan on the Tranche B Term Loan Maturity Date and (iv) the then unpaid principal amount of each Incremental Term Loan on the applicable Incremental Term Loan Maturity Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans (other than the Tranche B Term Loans) from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the date, set forth in Section 2.13.The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Tranche B Term Loans from time to time outstanding from the Restatement Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie primafacie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, Tranche A Term Loansor Tranche B Term Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2F-1, respectively (a “Revolving Credit Note” or “Swing Line Note”F-2, and F-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes such notes shall not be a condition precedent to the occurrence making of the Loans on the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Restatement Date.
Appears in 1 contract
Sources: Credit Agreement (B&G Foods, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence (in the absence of manifest error) of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2G-2, respectively (a “"Term Note" or "Revolving Credit Note” or “Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Each of the Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each 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) of each Revolving Credit Loan of such Lender made to such Borrower and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88) of each Swing Line Loan of such Swing Line Lender made to such Borrower. The Borrower Each of the Borrowers hereby further agrees to pay interest to the Administrative Agent for the account of the appropriate Lender on the unpaid principal amount of the Loans made to it 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 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the each Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan to such Borrower made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from or for the account of such Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the each Borrower therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the Borrower it by such Lender in accordance with the terms of this Agreement.
(e) The Borrower Each of the Borrowers agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower it will promptly execute and deliver to such Lender a promissory note of the such Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of made by such LenderLender to such Borrower, substantially in the forms of Exhibit EXHIBIT C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (White Mountains Insurance Group LTD)
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the principal amount of the Term Loan of such Lender, in twelve consecutive installments, payable on each Installment Payment Date (or on the then unpaid principal amount of such earlier Term Loan, or the date on which that the Term Loans become due and payable pursuant to Section 8) 9 and on the Maturity Date and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any LenderLender and receipt by the Company of any notes issued to such Lender under the Existing Credit Agreement, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note"), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "Term Loan Note"), and/or (iii) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"Swing Line Note ").
Appears in 1 contract
Sources: Credit Agreement (CSK Auto Corp)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally jointly and severally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Each Borrower hereby further jointly and severally agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d10.6(c), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-l or C-2G-2, respectively (a “"Term Note" or "Revolving Credit Note” or “Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Effective Date or the making of the Loans or issuance of Letters of Credit on the Closing Effective Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of and Swing Line Loan made by such Revolving Credit Lender to the Borrower, on the Revolving Credit Facility Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) 10) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Tranche B Term Loan of made by such Swing Line Lender on to the maturity date thereof Borrower, in installments according to the amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 810). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.115.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d12.6(b)(iv), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made or continued hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b5.1(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche B Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: First Lien Credit Agreement (Six Flags Entertainment Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account outstanding principal of the appropriate all Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender Loans shall be due and payable on the Revolving Credit Termination Final Maturity Date (or or, if earlier, on such earlier the date on which the Loans become they are declared due and payable pursuant to Section 8) the terms of this Agreement.
(a) The Term Loan shall be repayable in consecutive quarterly installments, equal to (i) during the period from and including December 31, 2016 until September 30, 2017, $1,250,000 per quarter, (ii) during the period from and including December 31, 2017 until September 30, 2018, $2,000,000 per quarter and (iii) thereafter, $2,500,000 per quarter, each such installment to be due and payable, in arrears, on the first day of each quarter and applied to the applicable Swing Line Lender Term Loan; provided, however, that the then unpaid principal last such installment shall be in the amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but necessary to repay in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on full the unpaid principal amount of the Loans from time to time Term Loan. The outstanding from unpaid principal amount of the Term Loan, and all accrued and unpaid interest thereon, shall be due and payable on the earliest of (i) the termination of the Total Revolving Credit Commitment, (ii) the date hereof until payment in full thereof at on which the rates per annum, Term Loan is declared due and on payable pursuant to the dates, set forth in Section 2.11terms of this Agreement and (iii) the Final Maturity Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness the Indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable theretohereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.03(c) shall, to the extent permitted by applicable law, or Section 2.03(d) shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, provided that (i) the failure of any Lender or the Administrative Agent to maintain the Register or any such account, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this AgreementAgreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to Section 2.03(c) and the accounts maintained pursuant to Section 2.03(d), the accounts maintained pursuant to Section 2.03(d) shall govern and control.
(e) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that Loans made by any Lenderit be evidenced by a promissory note. In such event, the Borrower will promptly Borrowers shall execute and deliver to such Lender a promissory note payable to the order of the Borrower evidencing any Revolving Credit Loans or Swing Line Loanssuch Lender (or, as the case may be, of if requested by such Lender, substantially to such Lender and its registered assigns) in a form furnished by the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date Collateral Agent and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent reasonably acceptable to the occurrence Administrative Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.07) be represented by one or more promissory notes in such form payable to the order of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datepayee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date, (ii) the principal amount of the Term Loan of such Lender, in twelve consecutive installments, payable on each Installment Payment Date (or on the then unpaid principal amount of such earlier Term Loan, or the date on which that the Term Loans become due and payable pursuant to Section 8) 9 and on the Maturity Date and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each the Swing Line Loan Loans of such the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note"), that delivery of Notes shall not be and/or (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "Term Loan Note"), and/or (iii) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date"Swing Line Note ").
Appears in 1 contract
Sources: Credit Agreement (Primeco Inc)
Repayment of Loans; Evidence of Debt. (a) (i) The Borrower Term Borrowers hereby unconditionally promises promise, on a joint and several basis, to repay the outstanding principal amount of the Tranche B-3 Term Loans in Canadian Dollars to the Administrative Agent for the account of each applicable Term Lender (A) on each Scheduled Payment Date prior to the Initial Term Loan Maturity Date (each such date being referred to as an “Initial Term Loan Installment Date”), in each case, in an amount equal to 0.25% of the original principal amount of the Tranche B-3 Term Loans outstanding on the First Amendment Effective Date (as such payments may be reduced from time to time as a result of the application of prepayments in accordance with Section 2.11 and repurchases and assignments in accordance with Section 9.05(g) or increased in connection with the incurrence of Incremental Term Loans made as an increase to such Class) and (B) on the Initial Term Loan Maturity Date, in an amount equal to the remainder of the principal amount of the Tranche B-3 Term Loans outstanding on such date, together, in each case, in the same currency as initially borrowed and with accrued and unpaid interest on the principal amount to be paid to but excluding the date of such payment.
(i) The Term Borrowers hereby unconditionally promise, on a joint and several basis, to repay the outstanding principal amount of the Thirteenth Amendment Dollar Refinancing Term Loans, in each case to the Administrative Agent for the account of each Thirteenth Amendment Dollar Refinancing Term Lender who holds Thirteenth Amendment Dollar Refinancing Term Loans (A) on each applicable Scheduled Payment Date occurring after the making of such Thirteenth Amendment Dollar Refinancing Term Loans prior to the Initial Term Loan Maturity Date (each such date being referred to as a “Thirteenth Amendment Dollar Loan Installment Date” and together with the Initial Term Loan Installment Date, collectively, each being referred to as a “Loan Installment Date”), in each case, in an amount equal to 0.25% of the original principal amount of the Thirteenth Amendment Dollar Refinancing Term Loans on the Thirteenth Amendment Effective Date (as such payments may be reduced from time to time as a result of the application of prepayments in accordance with Section 2.11 and repurchases and assignments in accordance with Section 9.05(g) or increased in connection with the Incremental Term Loans made as an increase to such Class) and (B) on the Initial Term Loan Maturity Date, in an amount equal to the remainder of the principal amount of the Thirteenth Amendment Dollar Refinancing Term Loans outstanding on such date, together, with accrued and unpaid interest on the principal amount to be paid to but excluding the date of such payment.
(ii) The Term Borrowers hereby unconditionally promise, on a joint and several basis, to repay the outstanding principal amount of the Thirteenth Amendment Euro Refinancing Term Loans, in each case to the Administrative Agent for the account of each Thirteenth Amendment Refinancing Term Lender who holds Thirteenth Amendment Euro Refinancing Term Loans on the Initial Term Loan Maturity Date, in an amount equal to the principal amount of the Thirteenth Amendment Euro Refinancing Term Loans outstanding on such date, together, with accrued and unpaid interest on the principal amount to be paid to but excluding the date of such payment.
(iii) The Term Borrowers shall repay the Additional Term Loans of any Class made to it in such scheduled amortization installments and on such date or dates as shall be specified therefor in the applicable Refinancing Amendment, Incremental Facility Amendment or Extension Amendment (as such payments may be reduced from time to time as a result of the application of prepayments in accordance with Section 2.11 or repurchases in accordance with Section 9.05(g) or increased as a result of any increase in the amount of such Additional Term Loans of such Class pursuant to Section 2.22(a)). WEIL\100667150\8\65494.0003
(i) The Revolving Borrowers hereby unconditionally promise, severally and not jointly, to pay in Dollars or the relevant Alternate Currency, as applicable (iA) to the Administrative Agent for the account of each applicable Twelfth Amendment Revolving Lender, the appropriate then-unpaid principal amount of the Twelfth Amendment Revolving Loans of such Lender on the applicable Initial Revolving Credit Maturity Date, (B) to the Administrative Agent for the account of each Additional Revolving Lender, the then-unpaid principal amount of each Additional Revolving Loan of such Additional Revolving Lender on the Maturity Date applicable thereto and (C) to the Swingline Lender, the then unpaid principal amount of each Swingline Loan on the Latest Revolving Credit Loan of such Revolving Credit Lender on Maturity Date.
(i) On the Maturity Date applicable to the Revolving Credit Termination Date Commitments of any Class, the Revolving Borrowers, as applicable, shall (A) cancel and return outstanding Letters of Credit (or on such earlier date on which the Loans become due and payable pursuant alternatively, with respect to Section 8) and (ii) any outstanding Letter of Credit, provide Letter of Credit Support with respect thereto), in each case to the applicable Swing Line Lender extent necessary so that, after giving effect thereto, the then unpaid principal aggregate amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date)Exposure attributable to the Revolving Credit Commitments of any other Class does not exceed the Revolving Credit Commitments of such other Class then in effect, or in each case on such earlier date on which (B) prepay Swingline Loans to the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on extent necessary so that, after giving effect thereto, the unpaid principal aggregate amount of the Loans from time Revolving Credit Exposure attributable to time outstanding from the date hereof until Revolving Credit Commitments of any other Class shall not exceed the Revolving Credit Commitments of such other Class then in effect and (C) make payment in full thereof at of all accrued and unpaid fees and all reimbursable expenses and other Obligations with respect to the rates per annumRevolving Facility of the applicable Class then due, together with accrued and on the dates, set forth in Section 2.11unpaid interest (if any) thereon.
(bc) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of made by such Lender from time to time▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which it shall be recorded record (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Class, Type of such Loan and each currency thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Applicable Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders or the Issuing Banks and each Lender’s or Issuing Bank’s share thereof.
(de) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraphs (c) or (d) of this Section 2.5(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided, however, provided that (i) the failure of any Lender or the Administrative Agent to maintain the Register such accounts or any such account, or any manifest error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement, (ii) in the event of any inconsistency between the accounts maintained by the Administrative Agent pursuant to paragraph (d) of this Section and any Lender’s records, the accounts of the Administrative Agent shall govern and (iii) in the event of any inconsistency between the Register and any other accounts maintained by the Administrative Agent, the Register shall govern absent manifest error.
(ef) The Borrower agrees that, upon its receipt of notice of the Any Lender may request to the Administrative Agent that any Loan made by any Lenderit be evidenced by a Promissory Note. In such event, the Borrower will promptly Applicable Borrowers shall prepare, execute and deliver a Promissory Note to such Lender a promissory note of payable to such Lender and its registered permitted assigns; it being understood and agreed that such Lender (and/or its applicable permitted assign) shall be required to return such Promissory Note to the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially Representative in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), accordance with appropriate insertions as to date Section 9.05(b)(iii) and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to upon the occurrence of the Closing Termination Date (or as promptly thereafter as practicable). If any Lender loses the making original copy of its Promissory Note, it shall execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory to the Loans or issuance Borrower Representative. The obligation of Letters each Lender to execute and deliver an affidavit of Credit on loss containing WEIL\100667150\8\65494.0003 an indemnification provision that is reasonably satisfactory to the Closing Borrower Representative shall survive the Termination Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving each (Credit Agreement) Lender (i) the then unpaid principal amount of each Working Capital Revolving Credit Loan of such Revolving Credit Lender Lender, on the Working Capital Revolving Credit Termination Date (or on such earlier date on which the Working Capital Revolving Credit Loans become due and payable pursuant to Section 8) and 11), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Acquisition Revolving Credit Loan of such Swing Line Lender Lender, on the maturity date thereof (but in any event not later than the Acquisition Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Acquisition Revolving Credit Loans become due and payable pursuant to Section 2.3(b11) and (iii) the principal amount of the Term A Loans of such Lender, in 16 quarterly installments, commencing September 15, 1999, each such installment in an amount equal to such Lender's pro rata share of the respective amounts set forth for the Term A Loans in Schedule 6.2 for such installment (or 8the then unpaid principal amount of such Term A Loan, on the date that the Term A Loans become due and payable pursuant to Section 11). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 6.6.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf acting for this purpose as an agent of the Borrower, shall maintain the Register pursuant to Section 10.6(dsubsection 13.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Working Capital Revolving Credit Loan, Acquisition Revolving Credit Loan and Term A Loan made hereunder and any Note evidencing such Loanhereunder, the Type thereof and, in the case of such Loan and Eurodollar Loans, each Interest Period applicable thereto, (ii) each continuation thereof and each conversion of all or a portion thereof to another Type, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 6.2(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided: PROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, as the case may be, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender (other than a Notifying Lender), the Borrower will promptly execute and deliver to such Lender (i) a promissory note of the Borrower evidencing any the Working Capital Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2A-1, respectively with (Credit Agreement) appropriate insertions as to date and principal amount (a “"WORKING CAPITAL REVOLVING CREDIT NOTE"), payable to the order of such Lender and representing the obligation of the Borrower to pay a principal amount equal to the amount of the Working Capital Revolving Credit Note” or “Swing Line Note”Commitment of such Lender or, respectively)if less, the aggregate unpaid principal amount of all Working Capital Revolving Credit Loans of such Lender, with interest on the unpaid principal amount thereof from time to time outstanding under such Working Capital Revolving Credit Note as set forth in subsection 6.6, (ii) a promissory note of the Borrower evidencing the Acquisition Revolving Credit Loans of such Lender, substantially in the form of Exhibit A-2, with appropriate insertions as to date and then principal amount (an "ACQUISITION REVOLVING CREDIT NOTE"), payable to the order of such Lender and representing the obligation of the Borrower to pay a principal amount equal to the amount of the Acquisition Revolving Credit Commitment of such Lender or, if less, the aggregate unpaid principal amount of all Acquisition Revolving Credit Loans of such Lender, with interest on the unpaid principal amount thereof from time to time outstanding under such Acquisition Revolving Credit Note as set forth in subsection 6.6 and (iii) a promissory note of the Borrower evidencing the Term A Loan of such Lender, substantially in the form of Exhibit A-3, with appropriate insertions as to date and principal amount; providedamount (a "TERM A LOAN NOTE"), payable to the order of such Lender and representing the obligation of the Borrower to pay a principal amount equal to the amount of the Term A Loan of such Lender, with interest on the unpaid principal amount thereof from time to time outstanding under such Term A Loan Note as set forth in subsection 6.6. Each Lender is hereby authorized to record the date, Type and amount of each Loan made by such Lender, each continuation thereof, each conversion of all or a portion thereof to another Type, the date and amount of each payment or repayment of principal thereof and, in the case of Eurodollar Loans, the length of each Interest Period with respect thereto, on the schedule annexed to and constituting a part of any Note requested by it to evidence such Loan, and any such recordation shall constitute PRIMA FACIE evidence of the accuracy of the information so recorded, PROVIDED that delivery of Notes the failure by any Lender to make any such recordation or any error in any such recordation shall not be a condition precedent to the occurrence affect any of the Closing Date or the making obligations of the Loans or issuance of Letters of Credit on the Closing DateBorrower.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of and Swing Line Loan made by such Revolving Credit Lender to the Borrower, on the Revolving Credit Facility Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) 10) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Tranche B Term Loan of made by such Swing Line Lender on to the maturity date thereof Borrower, in installments according to the amortization schedule set forth in Section 2.3(b) (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 810). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.115.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d12.6(b)(iv), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made or continued hereunder and any Note evidencing such Loan, (ii) the Type of such Loan and each Interest Period applicable thereto, (iiiii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b5.1(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that (x) in the event of a conflict between the Register and the accounts maintained pursuant to Section 5.1(b), the Register shall govern and (y) the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche B Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) 10) and (ii) to the principal amount of the Tranche B Term Loans of each Term Lender, in accordance with the applicable Swing Line Lender amortization schedule set forth in subsection 2.2 (or the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender Tranche B Term Loans, on the maturity date thereof (but in that any event not later than or all of the Revolving Credit Termination Date), or in each case on such earlier date on which the Tranche B Term Loans become due and payable pursuant to Section 2.3(b) or 810). The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 5.7.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 12.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 5.2(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Be Aerospace Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender, Term Loan Lender or the Swing Line Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the earlier of (x) ten Business Days after the borrowing of such Swing Line Loan, (y) one Business Day after written notice from the Administrative Agent or the Swing Line Lender to the Borrower that any Revolving Credit Lender has become a Defaulting Revolving Credit Lender, and (z) the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.15.
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cb) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(dc) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded (absent manifest error); provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(ed) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any the Term Loan, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Effective Date or the making of the Loans or issuance of Letters of Credit on the Closing Effective Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender (i) the appropriate Revolving Credit Lender principal amount of the B Term Loan of such Lender, in twenty-eight consecutive installments, payable on each B Installment Payment Date (or the then unpaid principal amount of such B Term Loan on the date that the B Term Loans become due and payable pursuant to Section 10), (ii) the principal amount of the C Term Loan of each Lender, in thirty-two consecutive installments, payable on each C Installment Payment Date (or the then unpaid principal amount of such C Term Loan on the date that the C Term Loans become due and payable pursuant to Section 10), (iii) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit -67- 74 Lender on the Revolving Credit Termination Date Date, (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (iiiv) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Receivables Financing Loan of such Lender on the Receivables Financing Termination Date and (v) the then unpaid principal amount of the Swing Line Loans of the Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 5.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 12.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each B Term Loan, C Term Loan, Revolving Credit Loan, Receivables Financing Loan and Swing Line Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 5.13(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided, however, PROVIDED that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Company will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any Revolving Credit the B Term Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A-1 with appropriate insertions as to date and then outstanding principal amount; providedamount (a "B TERM LOAN NOTE"), that delivery of Notes shall not be (ii) a condition precedent to the occurrence promissory note of the Closing Date or Company evidencing the making C Term Loans of such Lender, substantially in the form of Exhibit A-2 with appropriate insertions as to date and principal amount (a "C TERM LOAN NOTE"), (iii) a promissory note of the Company evidencing the Revolving Credit Loans or issuance of Letters such Lender, substantially in the form of Credit on Exhibit B with appropriate insertions as to date and principal amount (a "REVOLVING CREDIT NOTE"), (iv) a promissory note of the Closing DateCompany evidencing the Receivables Financing Loans of such Lender, substantially in the form of Exhibit C with appropriate insertions as to date and principal amount (a "RECEIVABLES FINANCING NOTE"), and/or (v) in the case of the Swing Line Lender, a promissory note of the Company evidencing the Swing Line Loans of the Swing Line Lender, substantially in the form of Exhibit D with appropriate insertions as to date and principal amount (the "SWING LINE NOTE").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each applicable Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) 11) and (ii) to the applicable Swing Line Lender principal amount of the Domestic Term Loans on the dates and in the amounts set forth in subsection 2.3 (or the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender Domestic Term Loans, on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Domestic Term Loans become due and payable pursuant to Section 2.3(b) or 811. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 5.7.
(b) Reebok-UK hereby unconditionally promises to pay to the Administrative Agent, for the account of each applicable Lender, the principal amount of the UK Term Loans on the dates and in the amounts set forth in subsection 4.3 (or the then unpaid principal amount of the UK Term Loans, on the date that the UK Term Loans become due and payable pursuant to Section 11). Reebok-UK hereby further agrees to pay interest on the unpaid principal amount of the UK Term 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 subsection 5.7. Notwithstanding anything to the contrary contained herein, in no event shall Reebok-UK have any liability to the Administrative Agent or any Lender for liabilities hereunder on account of which the Company is the primary obligor.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cd) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 13.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Domestic Term Loan and UK Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the either Borrower and each Lender’s 's share thereof.
(de) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 5.1(c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(ef) The Borrower agrees Borrowers agree that, upon its receipt request of notice of the request to any Lender through the Administrative Agent by any LenderAgent, the Borrower Company or Reebok-UK (as the case may be) will promptly execute and deliver to such Lender (i) a promissory note of the Borrower Company evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, Domestic Term Loan of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Domestic Term Note"), that delivery (ii) a promissory note of Notes shall not be the Company evidencing the Revolving Credit Loans of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a condition precedent "Revolving Credit Note") and/or (iii) a promissory note of Reebok-UK evidencing the UK Term Loan of such Lender, substantially in the form of Exhibit C with appropriate insertions as to date and principal amount (a "UK Term Note"), to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Dateextent necessary (in each such case) to permit such Lender to assign any such Loan to a Federal Reserve Bank.
Appears in 1 contract
Sources: Credit and Guarantee Agreement (Reebok International LTD)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of made by such Revolving Credit Lender to such Borrower, on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and 11), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Multicurrency Loan of made by such Swing Line Lender to such Borrower, on the maturity date thereof dates required by Section 4.3 and Section 6.5 and on the Multicurrency Termination Date (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b11) and (iii) the principal amount of the Tranche B Term Loan made by such Lender to such Borrower, in installments according to the amortization schedule set forth in Section 2.3 (or 8on such earlier date on which the Loans become due and payable pursuant to Section 11). The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.116.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the each Borrower, shall maintain the Register pursuant to Section 10.6(d13.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made or continued hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b6.1(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the each Borrower therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note of the such Borrower evidencing any Tranche B Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-2, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Six Flags Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby ------------------------------------ unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date Date, (ii) the principal amount of the Tranche A Term Loan of such Lender, in eleven consecutive installments, payable on each Tranche A Installment Payment Date, in accordance with subsection 4.4(c) (or the then unpaid principal amount of such Tranche A Term Loan on such earlier the date on which that the Tranche A Term Loans become due and payable pursuant to Section 8) and 9), (iiiii) to the applicable Swing Line Lender principal amount of the Tranche B Term Loan of such Lender, in fifteen consecutive installments, payable on each Tranche B Installment Payment Date, in accordance with subsection 4.4(d) (or the then unpaid principal amount of each Swing Line such Tranche B Term Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Tranche B Term Loans become due and payable pursuant to Section 2.3(b9), and (iv) or 8the then unpaid principal amount of the Swing Line Loans of the Swing Line Lender on the Revolving Credit Termination Date. The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, annum and on the dates, dates set forth in Section 2.11subsection 4.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan, Tranche A Term Loan and Tranche B Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the applicable Borrower, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.13(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the ----- ----- obligations of the Borrower Borrowers therein recorded; provided, however, provided that the failure of any -------- Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender (i) a promissory note of the such Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note"), that delivery (ii) a promissory note of Notes shall not be --------------------- such Borrower evidencing the Tranche A Term Loan of such Lender, substantially in the form of Exhibit B-1 with appropriate insertions as to date and principal amount (a condition precedent "Tranche A Term Note"), (iii) a promissory note of such Borrower ------------------- evidencing the Tranche B Term Loan of such Lender, substantially in the form of Exhibit B-2 with appropriate insertions as to date and principal amount (a "Tranche B Term Note"), and/or (iv) in the occurrence case of the Closing Date or the making Swing Line Lender, a ------------------- promissory note of the Company evidencing the Swing Line Loans or issuance of Letters the Swing Line Lender, substantially in the form of Credit on Exhibit C with appropriate insertions as to date and principal amount (the Closing Date."Swing Line Note"). ---------------
Appears in 1 contract
Sources: Credit Agreement (Jostens Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender (i) the then unpaid principal amount of each Revolving Credit the Loan of such Revolving Credit Lender (other than Extended Loans), in accordance with subsection 2.2 (or the then unpaid principal amount of such Loan on the Revolving Credit Termination Date (date that any or on such earlier date on which all of the Loans become due and payable pursuant to Section 8) 9) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line any Extended Loan of such Swing Line Lender Lender, in accordance with the amortization schedule and maturity date applicable thereto (or the then unpaid principal amount of such Extended Loan on the maturity date thereof (but in that any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which all of the Loans become due and payable pursuant to Section 2.3(b) or 89). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 4.6.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Lender
1 Note: If Loans to be made on the Closing Date include Eurodollar Loans, Borrowing Notice must include indemnity agreement re: breakage costs. hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.2(c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Five-Year Lender on the Revolving Credit 2024 Extended Termination Date (or on such earlier date on which as the Five-Year Loans become due and payable pursuant to Section 8) and (ii) to Article VII), the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Five-Year Loan of made by such Swing Line Five-Year Lender, (ii) to each Term Lender on the maturity date thereof dates specified in Section 2.1C (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which as the Term Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Term Loan specified in Section 2.3(b2.1C made by such Lender, (iii) to each New Term Lender on the dates specified in Section 2.1E (or 8such earlier date as the New Term Loans become due and payable pursuant to Article VII), the unpaid principal amount of each New Term Loan specified in Section 2.1E made by such Lender, (iv) to each New Term III Lender on the dates specified in Section 2.1G (or such earlier date as the New Term III Loans become due and payable pursuant to Article VII), the unpaid principal amount of each New Term III Loan specified in Section 2.1G made by such Lender, (v) to each Incremental Facility Lender on the applicable Incremental Facility Maturity Date (or such earlier date as the Incremental Loans become due and payable pursuant to Article VII), the unpaid principal amount of each Incremental Loan made by such Incremental Facility Lender and (v) to each applicable Lender on the last day of the applicable Interest Period, the unpaid principal amount of each Competitive Loan made by any such Lender. The Borrower hereby further agrees to pay interest in immediately available funds at the office of the Administrative Agent on the unpaid principal amount of the 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 2.112.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the appropriate lending office of such Lender resulting from each Loan made by such lending office of such Lender from time to time, including the amounts of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such each Loan made and each the Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.5(b) 2.8 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the such account, such Register or any such accountsubaccount, as applicable, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Competitive Advance and Revolving Credit Agreement (Tegna Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Class B Lender the then unpaid principal amount of each Class B Revolving Credit Loan of such Revolving Credit Class B Lender on the Revolving Credit Class B Original Termination Date (or on such earlier date on which the Loans become due and payable respective Termination Date following any Extension of Class B Revolving Loan Commitments pursuant to Section 8) and (ii) 2.27). The Borrower hereby unconditionally promises to pay to the applicable Swing Line Administrative Agent for the account of each Class C Lender the then unpaid principal amount of each Swing Line Class C Revolving Loan of such Swing Line Class C Lender on the maturity date thereof Class C Original Termination Date (but in or on the respective Termination Date following any event not later than the Extension of Class C Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable Loan Commitments pursuant to Section 2.3(b) or 82.27). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative AgentAgent shall, on behalf in respect of the BorrowerRevolving Facility, shall maintain record in the Register pursuant to Section 10.6(d)Register, and a subaccount therein with separate sub-accounts for each Lender, in which shall be recorded (i) the amount and Borrowing Date of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable theretohereunder, (ii) the amount of 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 payment received by the Administrative Agent hereunder from the Borrower and each Lender’s share Class Revolving Commitment Percentage thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bSections 2.8(b) and (c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The If so requested after the Closing Date by any Lender by written notice to the Borrower agrees that, upon its receipt of notice of the request (with a copy to the Administrative Agent by any LenderAgent), the Borrower will promptly execute and deliver to such Lender a promissory note of Lender, promptly after the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, Borrower’s receipt of such notice, a Note to evidence such Lender, substantially ’s Loans in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date form and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent substance reasonably satisfactory to the occurrence of Administrative Agent and the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateBorrower.
Appears in 1 contract
Sources: Credit Agreement (Calpine Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and 7), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche A Term Loan of such Swing Line Lender on the maturity date thereof Tranche A Term Loan Maturity Date, (but iii) the then unpaid principal amount of each Tranche B-3 Term Loan on the Tranche B-3 Term Loan Maturity Date, (iv) the then unpaid principal amount of each Tranche B-4 Term Loan on the Tranche B-4 Term Loan Maturity Date and (v) the then unpaid principal amount of each Incremental Term Loan on the applicable Incremental Term Loan Maturity Date. All Tranche A Term Loans were repaid in any event not later than full. All Tranche B Term Loans outstanding on the Revolving Credit Termination First Amendment Effective Date were repaid in full on the First Amendment Effective Date), or . All Tranche B-2 Term Loans outstanding on the Second Amendment Effective Date were repaid in each case full on such earlier date on which the Second Amendment Effective Date. All Tranche B-3 Term Loans become due and payable pursuant to Section 2.3(b) or 8were repaid in full. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans (other than the Tranche B-4 Term Loans) from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the date, set forth in Section 2.13. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Tranche B-4 Term Loans from time to time outstanding from the ThirdFourth Amendment Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d9.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Tranche B-4 Term Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”F-1 and F-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, provided that delivery of Notes such notes shall not be a condition precedent to the occurrence making of the Loans on the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Restatement Funding Date.
Appears in 1 contract
Sources: Credit Agreement (B&G Foods, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each 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) of each Revolving Credit Loan of such Lender made to the Borrower and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88) 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 the Loans made to it 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 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d10.7(c), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan to the Borrower made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from or for the account of the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower it by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower it will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of made by such LenderLender to the Borrower, substantially in the forms of Exhibit C-1 C-l or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises unconditionally, and jointly and severally, promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Maturity Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and Article 8), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Initial Term Loan of such Swing Line Term Loan Lender on made to such Borrower in installments according to the maturity date thereof amortization schedule set forth in Section 2.03 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(bArticle 8) and (iii) the principal amount of each Incremental Term Loan of such Incremental Term Loan Lenders made to such Borrower on the Incremental Term Loan Maturity Date (or 8on such earlier date on which the Loans become due and payable pursuant to Article 8). The Each Borrower hereby further agrees agree to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender made to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, accounts in which shall be recorded it will record (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the any Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.06(c) above shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accountaccounts, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note Note of the such Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1 or C-2F-2, respectively (a “Revolving Credit Term Note” or “Swing Line Revolving Credit Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of and Swing Line Loan made by such Revolving Credit Lender to the Borrower, on the Revolving Credit Facility Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) 10) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Tranche B Term Loan of made by such Swing Line Lender on to the maturity date thereof Borrower, in installments according to the amortization schedule set forth in Section 2.3(b) (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 810). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.115.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d12.6(b)(iv), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made or continued hereunder and any Note evidencing such Loan, (ii) the Type of such Loan and each Interest Period applicable thereto, (iiiii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderL▇▇▇▇▇’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b5.1(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that (x) in the event of a conflict between the Register and the accounts maintained pursuant to Section 5.1(b), the Register shall govern and (y) the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche B Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”G-3, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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 8), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b8), (iii) the principal amount of each Tranche A Term Loan of such Tranche A Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (or 8on such earlier date on which the Loans become due and payable pursuant to Section 8) and (iv) the principal amount of each Tranche B Term Loan of such Tranche B Term Loan Lender on the Tranche B Term Loan Maturity Date (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 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1, G-2 or C-2G-3, respectively (a “Term Note”, “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Effective Date or the making of the Loans or issuance of Letters of Credit on the Closing Effective Date. Upon request of the Borrower after payment in full of all Obligations (other than such contingent obligations, including indemnification obligations as to which no claim has been asserted), each Lender that has received a Note pursuant to this Section 2.8(e) shall deliver any such Note to the Borrower for cancellation.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby ------------------------------------ unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedules set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Term Loans become due and payable pursuant to Section 2.3(b) or 88). Amounts repaid on account of Term Loans may not be reborrowed. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof Initial Funding Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the ----- ----- obligations of the Borrower therein recorded; provided, however, that the -------- ------- failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2G-2, respectively (a “"Term Note" or --------- "Revolving Credit Note” or “Swing Line Note”", respectively), with appropriate insertions as to date --------------------- and then outstanding principal amount; provided, provided that delivery of Notes shall not be a condition -------- precedent to the occurrence of the Closing Date or the Initial Funding Date or the making of the Loans or issuance of Letters of Credit on the Closing Initial Funding Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender each Lender:
(i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8) and 8); and
(ii) the principal amount of the Term Loan of such Lender in four installments, each payable on a Term Loan Reduction Date in an aggregate principal amount equal to such Lender's Commitment Percentage of the applicable Swing Line Lender Term Loan Payment Amount for such Term Loan Reduction Date (or the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender Term Loan, on the maturity date thereof (but in any event not later than that the Revolving Credit Termination Date), or in each case on such earlier date on which the Term Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 subsection 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section subsection 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 2.7(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower that it will promptly execute and deliver to such each Lender (i) upon the Closing Date, a promissory note of the Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; providedamount (a "Revolving Credit Note") and (ii) upon the Revolving Credit Termination Date, that delivery of Notes shall not be a condition precedent to the occurrence promissory note of the Closing Date or Borrower evidencing the making Term Loan of such Lender made on such date, substantially in the Loans or issuance form of Letters of Credit on the Closing DateExhibit B with appropriate insertions as to date and principal amount (a "Term Note").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Dollar Revolving Credit Lender and the Dollar Swing Line Lender and to the Administrative Agent for the account of the appropriate Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Dollar Revolving Credit Loan of such Dollar 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), (ii) the then unpaid principal amount of each Dollar Swing Line Loan of such Dollar Swing Line 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 (iii) 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 and, in any event, in full on May 4, 2014 (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (iv) with respect to any Incremental Term Loan under an Incremental Term Loan Facility, the principal amount of each Incremental Term Loan of the relevant series of Incremental Term Loans according to the relevant repayment schedule agreed to by the Lenders of such Incremental Term Loan pursuant to Section 2.25 (or on such earlier date on which the Loans become due and payable pursuant to Section 8).
(b) The Borrower and each Foreign Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the appropriate Multicurrency Revolving Credit Lender or the Euro Swing Line Lender (i) the then unpaid amount of each Multicurrency Revolving Credit Loan of such Multicurrency 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) to the applicable Swing Line Lender the then unpaid principal amount of each Euro Swing Line Loan of such Euro Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), Date (or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b8).
(c) The German Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the appropriate German Revolving Credit Lender (i) the then unpaid principal amount of each German Revolving Credit Loan of such German Revolving Credit Lender on the Revolving Credit Termination Date (or 8. The on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) the then unpaid principal amount of each German Swing Line Loan of such German Swing Line Lender on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8).
(d) Each of the Borrower and each Foreign Borrower hereby further agrees agree to pay interest on the unpaid principal amount of the Loans borrowed by the Borrower and each Foreign Borrower, as applicable, from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.15.
(be) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower and each Foreign Borrower, as applicable, to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cf) The Administrative Agent, on behalf of the Borrower, Borrower and each Foreign Borrower shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower and each Foreign Borrower, as applicable, to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Foreign Borrower and each Lender’s share thereof.
(dg) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(e) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower and each Foreign Borrower therein recorded; provided, however, that the failure of any Lender Lender, the Administrative Agent or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower or each Foreign Borrower, as applicable, to repay (with applicable interest) the Loans made to the Borrower any each Foreign Borrower by such Lender in accordance with the terms of this Agreement.
(eh) The Each of the Borrower agrees and each Foreign Borrower agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower or each Foreign Borrower, as applicable, will promptly execute and deliver to such Lender a promissory note of the Borrower or such Foreign Borrower evidencing any Term Loans, Revolving Credit Loans or and Swing Line Loans, as the case may be, be of such Lender, Lender substantially in the forms of Exhibit C-1 G-1, G-2 or C-2G-3(a “Term Note”, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Restatement Effective Date or the making of the Loans or issuance of Letters of Credit on the Closing DateRestatement Effective Date and the obligations of the Borrower and each Foreign Borrower in respect of each Loan shall be enforceable in accordance with the Loan Documents whether or not evidenced by any Note.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender (i) the then unpaid principal amount of each Revolving Credit Loan of and Swing Line Loan made by such Revolving Credit Lender to the Borrower, on the Revolving Credit Facility Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and 10), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line the Tranche A Term Loan of made by such Swing Line Lender on to the maturity date thereof Borrower, in installments according to the amortization schedule set forth in Section 2.3(a) (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 10), and (iii) the principal amount of the Tranche B Term Loan made by such Lender to the Borrower, in installments according to the amortization schedule set forth in Section 2.3(b) (or 8on such earlier date on which the Loans become due and payable pursuant to Section 10). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date hereof of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.115.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d12.6(b)(iv), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made or continued hereunder and any Note evidencing such Loan, (ii) the Type of such Loan and each Interest Period applicable thereto, (iiiii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b5.1(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that (x) in the event of a conflict between the Register and the accounts maintained pursuant to Section 5.1(b), the Register shall govern and (y) the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Tranche A Term Loans, Tranche B Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2▇-▇, respectively (a “Revolving Credit Note” or “Swing Line Note”▇-▇, ▇-▇ ▇▇ ▇-▇, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally jointly and severally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Each Borrower hereby further jointly and severally agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d10.6(c), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-l or C-2G-2, respectively (a “Revolving Credit Term Note” or “Swing Line Revolving Credit Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Effective Date or the making of the Loans or issuance of Letters of Credit on the Closing Effective Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Tranche A Term Loan and each Tranche B Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.4 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower Borrowers hereby further agrees agree to pay interest on the unpaid principal amount of the 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 2.112.14.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d10.6(e), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.7(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower such Borrowers by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees Borrowers agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Borrowers will promptly execute and deliver to such Lender a promissory note of the Borrower Borrowers evidencing any Tranche A Term Loans, Tranche B Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 F-1, F-2 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”F-3, respectively), with appropriate insertions as to date and then outstanding principal amount.
(f) All of the obligations of the Borrowers hereunder shall be joint and several; provided, however, that delivery in no event shall the maximum liability of Notes shall not be any Borrower exceed the amount for which such Borrower can become liable as a condition precedent guarantor under applicable federal and state laws relating to the occurrence insolvency of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Datedebtors.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers, jointly and severally, hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit each Lender the then unpaid principal amount of each Revolving Credit Loan the Loans of such Revolving Credit Lender on the Revolving Credit 364-Day Commitment Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) 7). The Borrowers, jointly and (ii) severally, hereby unconditionally promise to the applicable Swing Line Same Day Lender to pay the then unpaid principal amount of each Swing Line Same Day Loan on the earlier of the 364-Day Commitment Termination Date and the first Business Day after the Borrowing Date for such Same Day Loan or, if an Interest Period was selected in the applicable Borrower’s notice of borrowing for such Same Day Loan, the last day of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8Interest Period. The Borrower Borrowers, jointly and severally, hereby further agrees agree to pay interest on the unpaid principal amount of the 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 subsection 2.10. The Borrowers may, upon written notice to the Administrative Agent given at least 30 days prior to the 364-Day Commitment Termination Date, extend the date upon which the principal amount of the Loans of all the Lenders outstanding as of the 364-Day Commitment Termination Date will be due and payable to the first anniversary of the 364-Day Commitment Termination Date. If the Borrowers give notice to the Administrative Agent in accordance with the preceding sentence, the Borrowers, jointly and severally, hereby unconditionally promise to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of the Loans of such Lender on the first anniversary of the 364-Day Commitment Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 2.117).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, subsection 9.6(d) in which shall be recorded with respect to each Borrower (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the such Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 2.2(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the either Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees Borrowers agree that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Borrowers will promptly execute and deliver to such Lender a promissory note of the Borrower Borrowers evidencing any Revolving Credit the Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be amount (a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date“Note”).
Appears in 1 contract
Sources: 364 Day Credit Agreement (Chevron Phillips Chemical Co LLC)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate relevant Lenders (i) in respect of Revolving Credit Lender Borrowings and Foreign Currency Borrowings, on the then Revolving Credit Maturity Date (or such earlier date as, and to the extent that, such Revolving Dollar Loan or Foreign Currency Loan becomes due and payable pursuant to Section 2.04, 2.05, 2.06, 2.12 or Article VII), the unpaid principal amount of each Revolving Credit Dollar Loan and Foreign Currency Loan and each Swingline Loan made to it by each such Lender, in the applicable currency of such Revolving Credit Lender Loan, and (ii) in respect of Term B Borrowings, on the Revolving Credit Termination Term B Loan Maturity Date (or on such earlier date on which as, and to the Loans become extent that, such Term B Loan becomes due and payable pursuant to Section 8) and (ii) to 2.06 or Article VII), the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term B Loan of held by each such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8Term B Lender. The Borrower hereby further agrees to pay interest in immediately available funds at the applicable office of the Administrative Agent (as specified in Section 2.14(a)) on the unpaid principal amount of the Revolving Dollar Loans, Foreign Currency Loans, Swingline Loans and Term B Loans made to it 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 2.112.09. All payments required hereunder shall be made in the currency of such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from each Loan made by such lending office of such Lender from time to time, including the amounts of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d)10.04, and a subaccount therein for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Class and Type of each such Loan and each the Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.re-
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (ai) The In the event that any of the Investors sells, transfers or assigns any of its Loans to an unaffiliated third Person who is not another Investor or an Affiliate thereof pursuant to subsection 9.6, the Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the appropriate Revolving Credit percentage of the unpaid principal amount of the Loans sold, transferred or assigned by such Investor (or any additional assignee of such Loans) specified on Schedule 2.2 on each date set forth on Schedule 2.2, commencing December 31, 2003.
(ii) To the extent not otherwise paid pursuant to subsection 2.2(a)(i), the Borrower hereby unconditionally promises to pay to the Agent for the account of each Lender the then unpaid principal amount of each Revolving Credit the Loan of such Revolving Credit Lender on the Revolving Credit Termination Maturity Date (or the then unpaid principal amount of such Loan, on such earlier the date on which that the Loans become due and payable pursuant to Section 8) and 7).
(iiiii) In any event, to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event extent not later than the Revolving Credit Termination Date)previously paid, or in each case on such earlier date on which the all Loans become shall be due and payable pursuant to Section 2.3(bon the Maturity Date.
(iv) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11subsection 2.4.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 9.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable theretohereunder, (ii) any assignments of Loans pursuant to subsection 9.6, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 2.2(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interestinterest and premium, if any) the Loans made to the Borrower held by such Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, Loan of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be amount (a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date"NOTE").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower Tranche ------------------------------------ C Term Loan of each Tranche C Lender shall mature in 29 consecutive quarterly installments, commencing on September 30, 1999 and ending on September 30, 2006, the first 28 of which shall be equal to such Lender's Tranche C Term Loan Percentage multiplied by $250,000 and the final installment of which shall be equal to such Lender's Tranche C Term Loan Percentage multiplied by the principal amount of the Tranche C Term Loans then outstanding.
(b) The New Interim Term Loan of each New Interim Term Loan Lender shall mature and be payable in full on the Maturity Date.
(c) The Company hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender Lenders the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on in installments according to the Revolving Credit Termination Date provisions set forth in paragraphs (a) and (b) above, as applicable (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination DateArticle VIII), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the 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 2.113.01.
(bd) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Company to such Lender resulting from each Loan the Loans of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time in respect of such Loans under this Agreement.
(ce) The Administrative Agent, on behalf of the BorrowerCompany, shall maintain the Register pursuant to Section 10.6(d10.06(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan the Loans made by such Lender hereunder and any Note evidencing such LoanLoans, the Type of such Loan thereof and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s 's share thereof.
(df) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.02(d) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the ----- ----- obligations of the Borrower Company therein recorded; provided, however, that the failure -------- ------- of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower by of such Lender in accordance with the terms of this Agreement.
(eg) The Borrower Company agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower Company will promptly execute and deliver to such Lender a promissory note of the Borrower Company evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, Loan of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively)A, with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be amount (a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date."Note"). ----
Appears in 1 contract
Sources: Loan Agreement (Federal Mogul Corp)
Repayment of Loans; Evidence of Debt. (a) The US Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit US Term Loan Lender the then unpaid principal amount of each Revolving Credit US Term Loan of such Revolving Credit US Term Loan Lender on in installments according to the Revolving Credit Termination Date 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) and (ii) 8). The Cayman Borrower hereby unconditionally promises to pay to the applicable Swing Line Administrative Agent for the account of the appropriate UK Term Loan Lender the then unpaid principal amount of each Swing Line UK Term Loan of such Swing Line UK Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Each of the US Borrower and the Cayman Borrower hereby further agrees to pay interest on the unpaid principal amount of the respective Loans made to them from time to time outstanding from the date hereof Closing Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.15. For the avoidance of doubt, there shall be no obligation of the Cayman Borrower or any Foreign Subsidiary Guarantor to pay amounts due on the Obligations (other than the UK Obligations) hereunder.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower US Borrower, or the Cayman Borrower, as the case may be, to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the US Borrower and the Cayman Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the US Borrower or the Cayman Borrower, as applicable, to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the US Borrower or the Cayman Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the US Borrower or the Cayman Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the US Borrower or the Cayman Borrower, as applicable, to repay (with applicable interest) the Loans made to the US Borrower or the Cayman Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each of the US Borrower and the Cayman Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the US Borrower or the Cayman Borrower, as applicable, will promptly execute and deliver to such Lender a promissory note of the US Borrower or the Cayman Borrower, as applicable, evidencing any Revolving Credit US Term Loans or Swing Line UK Term Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2G-2, respectively (a “Revolving Credit US Term Note” or “Swing Line UK Term Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateDate and the obligations of each of the US Borrower and the Cayman Borrower in respect of each Loan shall be enforceable in accordance with the Loan Documents whether or not evidenced by any Note.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender or the Swing Line Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of made by such Revolving Credit Lender to such Borrower on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) the then unpaid principal amount of each Swing Line Loan made by the Swing Line Lender to such Borrower on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8) and (iiiii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan made by such Term Loan Lender to such Borrower (x) in the case of such Swing Line Lender the CMBS Bridge Loans, on the maturity date thereof (but in any event not later than Initial CMBS Bridge Loan Maturity Date or the Revolving Credit Termination Extended CMBS Bridge Loan Maturity Date), as applicable, or (y) in the case of the other Term Loans, in installments according to the amortization schedule set forth in Section 2.3 (or, in each case case, on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower Borrowers to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the BorrowerBorrowers, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable lawlaw and absent manifest error, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the such Borrower will promptly execute and deliver to such Lender a promissory note Note of the such Borrower evidencing any Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such LenderLender owed by such Borrower, substantially in the forms of Exhibit C-1 F-1, F-2 or C-2F-3, respectively (a “"Term Note", "Revolving Credit Note” " or “"Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Revolving Administrative Agent for the account of the appropriate Revolving Credit Lender or the Swing Line Lender and to the Administrative Agent for the account of the appropriate Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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 Date, (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date)Date and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 and, in any event, in full on June 30, 2012 (or in each case on such any earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf in the case of Term Loans, and the BorrowerRevolving Administrative Agent, in the case of Revolving Credit Loans, shall maintain the Register on behalf of the Borrower pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative such Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.8(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 F-1, F-2 or C-2F-3, respectively (a “Term Note”, “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing DateDate and the obligations of the Borrower in respect of each Loan shall be enforceable in accordance with the provisions of the Loan Documents whether or not evidenced by any Note.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) Borrowers have executed and delivered to the Administrative Agent for the account benefit of each Lender in order to evidence the appropriate Revolving Credit Term Loans made by such Lender to the then unpaid Borrowers under such Lender's Term Loan Commitment, Term Notes, which are (i) in the principal amount of each Revolving Credit such Lender's applicable maximum Term 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) Commitment and (ii) in substantially the form attached hereto as Exhibit F, with the blanks appropriately filled. The outstanding principal balance of each Term Note shall be payable in equal quarterly installments of principal in an amount equal to $1,500,000 times the applicable Lender's pro rata share of the aggregate Term Loans, with such payments to be due on May 1, 2003 and on the first day of each August, November, February and May thereafter prior to the applicable Swing Line Lender Term Maturity Date. On the then Term Maturity Date, the entire unpaid principal amount balance of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Term Loans become shall be due and payable pursuant to Section 2.3(bpayable.
(b) or 8. The Borrower hereby further agrees to pay Each Term Note shall bear interest on the unpaid principal amount of the Loans thereof from time to time outstanding from at the rate per annum determined as specified in Section 2.11 payable on each Interest Payment Date and at maturity, commencing with the first Interest Payment Date following the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this AgreementTerm Note.
(c) The Borrowers shall execute and deliver to the Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein Agent for each Lender a Revolving Note to evidence the Revolving Loans made by such Lender to the Borrowers under such Lender's aggregate Revolving Loan Commitment, in which shall be recorded (i) in the principal amount of each such Lender's Revolving Loan made hereunder Commitment and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) in substantially the amount form attached hereto as Exhibit G, with the blanks appropriately filled. The outstanding principal balance of any principal or interest due and each Revolving Note shall be payable or to become due and payable from on the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereofRevolving Maturity Date.
(d) The entries made Each Revolving Note shall bear interest on the unpaid principal amount thereof from time to time outstanding at the rate per annum determined as specified in the Register Section 2.11 payable on each Interest Payment Date and the accounts of each Lender maintained pursuant to Section 2.5(b) shallat maturity, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance commencing with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of first Interest Payment Date following the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, date of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Conns Inc)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay to (i) with respect to Swing Line Loans, the Swing Line Lender, (ii) with respect to Local European Loans in which the purchase of participating interests have not been funded pursuant to subsection 5.4(a), the relevant Local Lender, (iii) with respect to European Overdraft Loans, the European Overdraft Lender and (iv) otherwise, the Administrative Agent for the account of the appropriate Revolving Credit Lender Agent, the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Revolving Credit Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Datehereunder), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding owing by it from the date hereof until payment in full thereof at the rates per annumPER ANNUM, and on the dates, set forth in Section 2.11subsection 7.8.
(b) Each Lender (including, without limitation, the European Overdraft Lender) shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the each Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 14.7(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loanhereunder, the Type of such Loan and thereof, each Interest Period applicable thereto and the Borrower with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the any Borrower and each applicable Lender’s 's share thereof; PROVIDED that the Administrative Agent shall have no obligation to record in the Register any matters with respect to European Overdraft Loans.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 7.1(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(e) The Each relevant Borrower agrees that, upon its receipt request of notice of the request to any Lender through the Administrative Agent by any LenderAgent, the such Borrower will promptly execute and deliver to such Lender (i) in the case of a Revolving Credit Lender, a promissory note of the such Borrower evidencing any the Revolving Credit Loans or Swing Line Loans, as the case may be, of such Revolving Credit Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be amount (a condition precedent to "REVOLVING CREDIT NOTE") and (ii) in the occurrence case of the Closing Date Swing Line Lender, a promissory note of such Borrower evidencing the Swing Line Loans, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "SWING LINE NOTE"). No promissory notes shall be provided with respect to any European Revolving Loans or the making of the Loans or issuance of Letters of Credit on the Closing DateEuropean Overdraft Facility.
Appears in 1 contract
Sources: Credit Agreement (Hexcel Corp /De/)
Repayment of Loans; Evidence of Debt. (ai) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate relevant Lenders in respect of Revolving Credit Lender Borrowings, on the then Revolving Credit Maturity Date (or such earlier date as, and to the extent that, such Revolving Loan becomes due and payable pursuant to Section 2.05 or Article VII), the unpaid principal amount of each Revolving Credit Loan and each Swingline Loan made to it by each such Lender and (ii) the Borrower hereby unconditionally promises to pay the Administrative Agent for the account of such Revolving Credit Lender the Term B-1 Lenders on the Revolving Credit Termination Term B-1 Loan Maturity Date (or on such earlier date on which as, and to the Loans become extent that, such Term B-1 Loan becomes due and payable pursuant to Section 8) and (ii) to 2.05 or Article VII), the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term B-1 Loan of held by each such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8Term B-1 Lender. The Borrower hereby further agrees to pay interest in immediately available funds at the applicable office of the Administrative Agent (as specified in Section 2.13(a)) on the unpaid principal amount of the Revolving Loans, Swingline Loans and Term B-1 Loans, as applicable, made to it from time to time outstanding from the date hereof Original Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.112.08. All payments required hereunder shall be made in Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the appropriate lending office of such Lender resulting from each Loan made by such lending office of such Lender from time to time, including the amounts of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(d)10.04, and a subaccount therein for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Class and Type of each such Loan and each the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.5(b2.07 and the Notes maintained pursuant to paragraph (e) of this Section 2.07 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the such account, such Register or any such accountsubaccount, as applicable, or any error therein, shall not in any manner affect the obligation of 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) The Loans of each Class made by each Lender to the Borrower agrees thatshall, upon its receipt of notice of if requested by the applicable Lender (which request shall be made to the Administrative Agent Agent), be evidenced by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note single Note duly executed on behalf of the Borrower evidencing any Revolving Credit Loans Borrower, in substantially the form attached hereto as Exhibit G-1 or Swing Line LoansG-2, as applicable, with the case may beblanks appropriately filled, payable to the order of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Repayment of Loans; Evidence of Debt. (a) The US Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit US Dollar RCF Lender or the Swing Line Lender and to the Administrative Agent for the account of the appropriate Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit US Dollar RCF Loan of such Revolving Credit US Dollar RCF Lender on the Revolving Credit US Dollar RCF Termination Date (or on such earlier date on which the such Loans become due and payable pursuant to Section 8) and 8), (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof US Dollar RCF Termination Date (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the such Loans become due and payable pursuant to Section 2.3(b8), (iii) the principal amount of each Initial US Term Loan of such Initial US Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (or 8on such earlier date on which such Loans become due and payable pursuant to Section 8) and (iv) with respect to any Incremental US Term Loan under an Incremental US Term Loan Facility, the principal amount of each Incremental US Term Loan of the relevant series of Incremental US Term Loans according to the relevant repayment schedule agreed to by the Lenders of such Incremental US Term Loan pursuant to Section 2.25 (or on such earlier date on which such Loans become due and payable pursuant to Section 8). The US Borrower hereby further agrees to pay interest on the unpaid principal amount of the US Dollar-Denominated Facilities 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 2.112.15.
(b) The US Borrower hereby unconditionally promises to pay to the US Dual Currency RCF Agent for the account of the appropriate Dual Currency RCF Lender the then unpaid principal amount of each US Borrower Dual Currency RCF Loan of such Dual Currency RCF Lender on the Dual Currency RCF Termination Date (or on such earlier date on which the US Borrower Dual Currency RCF Loans become due and payable pursuant to Section 8). The US Borrower hereby further agrees to pay interest on the unpaid principal amount of the US Borrower Dual Currency RCF 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 2.15.
(c) The Canadian Borrower hereby unconditionally promises to pay to the Canadian Agent for the account of the appropriate Dual Currency RCF Lender or Canadian Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Canadian Borrower Dual Currency RCF Loan of such Dual Currency RCF Lender on the Dual Currency RCF Termination Date (or on such earlier date on which such Loans become due and payable pursuant to Section 8) and (ii) the principal or face amount, as applicable, of each Canadian Term Loan of such Canadian Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (or on such earlier date on which such Loans become due and payable pursuant to Section 8). The Canadian Borrower hereby further agrees to pay interest on the unpaid principal or face amount, as applicable, of the Canadian Borrower 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 2.15.
(d) Each US Dollar-Denominated Facility Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the US Borrower to such US Dollar-Denominated Facility Lender resulting from each US Dollar-Denominated Facilities Loan of such US Dollar-Denominated Facility Lender from time to time, including the amounts of principal and interest payable and paid to such US Dollar-Denominated Facility Lender from time to time under this Agreement. Each Alternate Currency Facilities Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the US Borrower or the Canadian Borrower, as applicable, to such Alternate Currency Facilities Lender resulting from each Alternate Currency Facilities Loan of such Alternate Currency Facilities Lender from time to time, including the amounts of principal and interest payable and paid to such Alternate Currency Facilities Lender from time to time under this Agreement.
(ce) The Administrative Agent, on behalf of the US Borrower, shall maintain the US Dollar-Denominated Facilities Register pursuant to Section 10.6(d), and a subaccount therein for each US Dollar-Denominated Facility Lender, in which shall be recorded (i) the amount of each US Dollar-Denominated Facilities Loan made hereunder and any Note evidencing such US Dollar-Denominated Facilities Loan, the Facility under which such US Dollar-Denominated Facilities Loan was made, the Type of such US Dollar-Denominated Facilities Loan and each Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the US Borrower to each US Dollar-Denominated Facility Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the US Borrower and each US Dollar-Denominated Facility Lender’s share thereof. Each of the US Dual Currency RCF Agent and the Canadian Agent, on behalf of the US Borrower and the Canadian Borrower, shall maintain the Alternate Currency Facilities Register pursuant to Section 10.6(d), and a subaccount therein for each Alternate Currency Facilities Lender, in which shall be recorded (i) the amount of each Alternate Currency Facilities Loan made hereunder and any Canadian Term Note, US Borrower Dual Currency RCF Note or Canadian Borrower Dual Currency RCF Note, as the case may be, evidencing such Alternate Currency Facilities Loan, the Type of such Alternate Currency Facilities Loan, the Borrower thereof and each Interest Period applicable thereto, (ii) the amount of any principal (or face amount) or interest due and payable or to become due and payable from the US Borrower or the Canadian Borrower, as applicable, to each Alternate Currency Facilities Lender hereunder and (iii) both the amount of any sum received by the US Dual Currency RCF Agent or the Canadian Agent, as applicable, hereunder from the US Borrower or the Canadian Borrower, as applicable, and each Alternate Currency Facilities Lender’s share thereof.
(df) The entries made in the US Dollar-Denominated Facilities Register and the accounts of each US Dollar-Denominated Facility Lender maintained pursuant to Section 2.5(b2.8(d) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the US Borrower therein recorded; provided, however, that the failure of any US Dollar-Denominated Facility Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the US Borrower to repay (with applicable interest) the US Dollar-Denominated Facilities Loans made to the US Borrower by such US Dollar-Denominated Facility Lender in accordance with the terms of this Agreement. The entries made in the Alternate Currency Facilities Register and the accounts of each Alternate Currency Facilities Lender maintained pursuant to Section 2.8(d) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the US Borrower and the Canadian Borrower therein recorded; provided, however, that the failure of any Alternate Currency Facilities Lender, the US Dual Currency RCF Agent or the Canadian Agent to maintain the Alternate Currency Facilities Register or any such account, or any error therein, shall not in any manner affect the obligation of the US Borrower or the Canadian Borrower, as the case may be, to repay (with applicable interest) the Alternate Currency Facilities Loans made to it by such Alternate Currency Facilities Lender in accordance with the terms of this Agreement.
(eg) The US Borrower agrees that, that (x) upon its receipt of notice of the request to the Administrative Agent by any US Dollar-Denominated Facility Lender, the US Borrower will promptly execute and deliver to such Lender a promissory note of the US Borrower evidencing any Revolving Credit Initial US Term Loans, US Dollar RCF Loans, Swing Line Loans or Swing Line Incremental US Term Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2▇-▇, ▇-▇, ▇-▇ ▇▇ ▇-▇, respectively (a an “Revolving Credit Initial US Term Note” or ”, “US Dollar RCF Note”, “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.” or
Appears in 1 contract
Sources: Credit Agreement (LKQ Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.11.
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cb) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(dc) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(ed) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Date or the making of the Loans or issuance of Letters of Credit on the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Northwestern Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower Company hereby ------------------------------------ unconditionally promises to pay (i) to the US Administrative Agent for the account of the appropriate Revolving Credit each US$ Lender the then unpaid principal amount of each Revolving Credit US$ Loan of such Revolving Credit US$ Lender on the Revolving Credit Termination Date (or on such earlier date on which the US$ Loans become due and payable pursuant to Section 8) and (ii) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Loan of such Swing Line Lender on the maturity date thereof (but in any event not later than the Revolving Credit Termination Date9), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 8. The Borrower Company hereby further agrees to pay interest on the unpaid principal amount of the US$ 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 2.11subsection 4.5.
(b) The Canadian Borrower hereby unconditionally promises to pay to the Canadian Administrative Agent for the account of each C$ Lender the then unpaid principal amount of each C$ Loan of such C$ Lender on the Termination Date (or such earlier date on which the C$ Loans become due and payable pursuant to Section 9). The Canadian Borrower hereby further agrees to pay interest on the unpaid principal amount of the C$ 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 subsection 4.5.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the relevant Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cd) The Each Administrative Agent, on behalf of the Borrower, Agent shall maintain the Register pursuant to Section 10.6(dsubsection 11.6(d), and a subaccount therein for each relevant Lender, in which shall be recorded (i) the amount of each relevant Loan made hereunder and any Note evidencing hereunder, whether such Loan is, as applicable, a US$ Loan, a C$ Prime Loan or a Bankers' Acceptance, the Type of such each US$ Loan made and each Interest Period applicable theretoto any Eurodollar Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the relevant Borrower to each relevant Lender hereunder and (iii) both the amount of any sum received by the such Administrative Agent hereunder from the relevant Borrower and each relevant Lender’s 's share thereof.
(de) The entries made in the Register Registers and the accounts of each Lender maintained pursuant to Section 2.5(bsubsection 4.1(c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the relevant Borrower therein recorded; provided, however, that -------- ------- the failure of any Lender or the either Administrative Agent to maintain the such Register or any such account, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interestinterest and all other amounts owing with respect thereto) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement.
(ef) The Borrower Company agrees that, upon its receipt of notice of the request to the US Administrative Agent by any US$ Lender, the Borrower Company will promptly execute and deliver to such Lender a promissory note of the Borrower Company evidencing any Revolving Credit the US$ Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms form of Exhibit C-1 or C-2, respectively (a “Revolving Credit Note” or “Swing Line Note”, respectively), A-1 with appropriate insertions as to date and then outstanding principal amount; providedamount (a "US$ Note"), that delivery of Notes shall not as the same may be a condition precedent amended, -------- supplemented or otherwise modified from time to time.
(g) The Canadian Borrower agrees that, upon the request to the occurrence Canadian Administrative Agent by any C$ Lender, the Canadian Borrower will execute and deliver to such Lender a promissory note of the Closing Date Canadian Borrower evidencing the C$ Prime Loans of such Lender, substantially in the form of Exhibit A-2 with appropriate insertions as to date and principal amount (a "C$ -- Note"), as the same may be amended, supplemented or the making of the Loans or issuance of Letters of Credit on the Closing Dateotherwise modified from time ---- to time.
Appears in 1 contract
Sources: Credit Agreement (Pierce Leahy Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each 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) to the applicable Swing Line Lender the then unpaid principal amount of each Swing Line Term Loan of such Swing Line Term Loan Lender on in installments according to the maturity date thereof amortization schedule set forth in Section 2.3 (but in any event not later than the Revolving Credit Termination Date), or in each case on such earlier date on which the Loans become due and payable pursuant to Section 2.3(b) or 88). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the 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 2.112.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from each Loan of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which shall be recorded (i) the amount of each Loan made hereunder and any Note evidencing such Loan, the Type of such Loan and each Interest Period applicable thereto, (ii) the amount of 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 Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.5(b2.6(b) shall, to the extent permitted by applicable law, be prima facie evidence (in the absence of manifest error) of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of 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) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing any Term Loans or Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender, substantially in the forms of Exhibit C-1 G-1 or C-2G-2, respectively (a “"Term Note" or "Revolving Credit Note” or “Swing Line Note”", respectively), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of Notes shall not be a condition precedent to the occurrence of the Closing Restatement Date or the making of the Loans or issuance of Letters of Credit on the Closing Restatement Date.
Appears in 1 contract