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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 4 contracts

Sources: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries 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 each (x) Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (iiy) to the Swingline Term Lender the then unpaid principal amount of each Swingline Term Loan on the earlier of the Term Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Revolving Loan and Term Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Term Lender may request that Term Loans made by it be evidenced by a promissory note (each such promissory note being called a “Term Note” and all such promissory notes being collectively called the “Term Notes”). In such event, the Borrower shall prepare, execute and deliver to such Term Lender a Term Note payable to the order of such Term Lender (or, if requested by such Term Lender, to such Term Lender and its registered assigns) in substantially the form of Exhibit D D-2 attached hereto. Thereafter, the Term Loans evidenced by such Term Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns). (f) Any Revolving Lender may request that Revolving Loans made by it be evidenced by a promissory note (each such promissory note being called a “Revolving Note” and all such promissory notes being collectively called the “Revolving Notes”). In such event, the Borrower shall prepare, execute and deliver to such Revolving Lender a Revolving Note payable to the order of such Revolving Lender (or, if requested by such Revolving Lender, to such Revolving Lender and its registered assigns) in substantially the form of Exhibit D-1 attached hereto. Thereafter, the Revolving Loans evidenced by such Revolving Note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.), Revolving Credit Agreement and Incremental Agreement (Palantir Technologies Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay in dollars (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Credit Maturity Date Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Credit Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two fifth (25th) Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest PeriodPeriod applicable thereto, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 4 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is madeDate; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Credit Agreement (Interline Brands, Inc./De), Amendment and Restatement Agreement (Interline Brands, Inc./De), Credit Agreement (American Media Operations Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10th Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Credit Agreement (Kimball International Inc), Credit Agreement (Kimball International Inc), Credit Agreement (Kimball Electronics, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of each Revolving Facility Loan on the Revolving Facility Maturity Date applicable to such Revolving Facility Loans, (ii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan of such Term Lender on the Maturity Date as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan applicable to any Class of Revolving Facility Commitments on the earlier of the Revolving Facility Maturity Date and the first date after for such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingClass. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderL▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Facility, Class and Type thereof and the Interest Period, Period (if any, ) applicable thereto, (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) the any amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph clause (ba) or (cb) of this Section 2.9 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached heretoH, or in another form approved by such Lender, the Administrative Agent and the Borrower in their sole discretion. Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if requested by such payee, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans then outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 4 contracts

Sources: Amendment and Restatement Agreement (Vectrus, Inc.), Credit Agreement (Vectrus, Inc.), Credit Agreement (Vectrus, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is madeDate; provided PROVIDED that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided PROVIDED that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 4 contracts

Sources: Credit Agreement (Interline Brands, Inc./De), Credit Agreement (Marketing Services Inc), Credit Agreement (American Media Operations 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 each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier earliest of (x) the Maturity Date and Date, (y) the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two five (25) Business Days after such demand by the Swingline Lender in its discretion if no Event of Default exists and (z) the demand by the Swingline Lender in its discretion if an Event of Default exists. The Obligations of the Borrowers hereunder and under the Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDocuments are joint and several. (b) 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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Southwestern Energy Co), Credit Agreement, Credit Agreement (Southwestern Energy Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of each Revolving Facility Loan to the Borrower on the Revolving Facility Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender on the Maturity Date as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Facility Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided Date, it being understood that on each the date that a of any Revolving Borrowing is made to the BorrowerFacility Borrowing, the Borrower shall repay all outstanding Swingline Loans then outstandingLoans. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Facility and Type thereof and the Interest Period, Period (if any, ) applicable thereto, (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) the any amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 3 contracts

Sources: Amendment to Credit Agreement (Anywhere Real Estate Group LLC), Credit Agreement (Realogy Holdings Corp.), Credit Agreement (NRT Settlement Services of Missouri LLC)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Allegion PLC), Credit Agreement (Allegion PLC), Credit Agreement (Crown Castle International Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Sources: Credit Agreement (Arcosa, Inc.), Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Industries Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Revolving Termination Date and (ii) to the Swingline Lender or to the Administrative Agent pursuant to Section 2.4(c) the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity first Business Day prior to the Revolving Termination Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) five Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.410.4) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns). In addition, upon receipt of an affidavit of an officer of such Lender as to the loss, theft, destruction or mutilation of the promissory note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such promissory note, the Borrower will issue, in lieu thereof, a replacement promissory note in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that that, notwithstanding anything to the contrary contained herein, on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in the Register established and maintained in accordance with the provisions of Section 9.04(b)(iv) in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form reasonably acceptable to the form of Exhibit D attached heretoAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 3 contracts

Sources: Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Initial Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two ten (210) Business Days after such Swingline Loan is mademade and (B) the Revolving Maturity Date; provided that on each date that a Revolving Loan Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts the Register in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereofaccordance with Section 9.04. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section, the accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section shall control. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. ThereafterE or F, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)as applicable.

Appears in 3 contracts

Sources: Credit Agreement (Blue Buffalo Pet Products, Inc.), Credit Agreement (Blue Buffalo Pet Products, Inc.), Credit Agreement (Blue Buffalo Pet Products, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; , provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower Borrowers shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns); provided that the failure of any Lender to maintain such promissory notes or any error therein shall not in any manner affect the obligation of the Borrowers to repay the Loans in accordance with the terms of this Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Freeport McMoran Copper & Gold Inc), Revolving Credit Agreement (Freeport McMoran Copper & Gold Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Commitment Termination Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Commitment Termination Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 21st Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Type and Class and Type thereof and and, if applicable, the Interest Period, if any, 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 hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall shall, to the extent not inconsistent with any entries made in any Note, be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest except for clearly demonstrated error); provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any The Loans of each Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.410.04) be represented evidenced by one or more promissory notes substantially in such form Notes payable to the payee named therein such Lender (or to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Hawaiian Electric Co Inc), Credit Agreement (Hawaiian Electric Co Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.10 shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 2 contracts

Sources: Credit Agreement (Voyager Technologies, Inc./Tx), Credit Agreement (Voyager Technologies, Inc./De)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date (and, with respect to Foreign Currency Loans, in the applicable Foreign Currency in which such Loans are denominated), and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) tenth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof or the Foreign Currency thereof, as applicable, and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note (each a “Note”) and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially Notes in such form payable to the order of the payee named therein (or to such payee and its registered assigns)therein.

Appears in 2 contracts

Sources: Credit Agreement (WMS Industries Inc /De/), Credit Agreement (WMS Industries Inc /De/)

Repayment of Loans; Evidence of Debt. (a) The Each Applicable Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each of its Revolving Loan of such Lender Loans on the Maturity Date and (ii) to the applicable Swingline Lender the then unpaid principal amount of each Swingline Loan made by such Swingline Lenders on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time for any reason (other than fluctuations in currency exchange rates) the aggregate Revolving Credit Exposure of the Lenders exceeds the aggregate Commitments of the Lenders, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans in the amount of such excess. To the extent that, after the prepayment of all Loans an excess of the Revolving Credit Exposure over the aggregate Commitments still exists, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess. (g) The Administrative Agent will determine the aggregate LC Exposure and the Dollar Equivalent of each Loan on each Exchange Rate Date. If at any time the sum of such amounts exceeds 105% of the aggregate Commitments of the Lenders as a result of fluctuations in currency exchange rates, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans in the amount of such excess. To the extent that, after the prepayment of all Loans an excess of the sum of such amounts over the aggregate Commitments still exists, the Borrower shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess. (h) Notwithstanding anything to the contrary contained herein, in no event shall any payment under any Credit Document by a Subsidiary Borrower that is a Foreign Subsidiary be for the account of any obligation of the Borrower or of any Domestic Subsidiary of the Borrower.

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. E. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Medivation, Inc.), Credit Agreement (Medivation, 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 each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier earliest of (x) the Maturity Date and Date, (y) the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two five (25) Business Days after such demand by the Swingline Lender in its discretion if no Event of Default exists and (z) the demand by the Swingline Lender in its discretion if an Event of Default exists. The Obligations of the Borrowers hereunder and under the Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDocuments are joint and several. (b) 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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)notes. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.10 shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.4toSection 9.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 2 contracts

Sources: Credit Agreement (Firefly Aerospace Inc.), Credit Agreement (Firefly 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 each Lender the then unpaid principal amount of each Revolving Loan of made by such Lender on the Maturity Date and (ii) to the Swingline Swing Line Lender the then unpaid principal amount of each Swingline Swing Line Loan made by the Swing Line Lender on the earlier of the Maturity Date and the first date after such Swingline the Swing Line Loan is made that is the 15th or last day of a calendar month and is at least two (2) four Business Days after such Swingline Swing Line Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Swing Line Loans then outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially Notes in such form payable to the payee named therein (or or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Revolving Credit Agreement (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date for the Revolving Credit Facility and the unpaid principal amount of each Term Loan on the Maturity Date for the Term Facility, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date for the Revolving Credit Facility and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two ten (210) Business Days days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached heretoF-1 for notes evidencing Revolving Loans and Exhibit F-2 for notes evidencing Term Loans (each a “Note”). Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two seven (27) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Stepan Co), Credit Agreement (Stepan Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two five (25) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and thereof, the Interest Period, if any, Period applicable theretothereto and whether such Loan is a General Partnership Loan or a Working Capital Loan, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall shall, absent manifest error, be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a one or more promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note(s) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note(s) and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more such promissory notes substantially note(s) in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Inergy Midstream, L.P.), Credit Agreement (Inergy Midstream, L.P.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Swing Line Lender the then unpaid principal amount of each Swingline Swing Line Loan on the earlier of the Maturity Date and the first date after such Swingline Swing Line Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Swing Line Loan is made; provided that on each date that a Borrowing consisting of Revolving Borrowing Loans is made to the Borrowermade, the Borrower shall repay all Swingline Swing Line Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.410.4) be represented by one or more promissory notes substantially Notes in such form payable to the payee named therein (or or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Revolving Credit and Guaranty Agreement (Dropbox, Inc.), Revolving Credit and Guaranty Agreement (Dropbox, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. K. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of the Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (GFI Software S.A.), Credit Agreement (Bz Intermediate Holdings LLC)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans then outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Chemours Co), Credit Agreement (Chemours Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of (i) each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Tranche A Loan on the earlier Tranche A Maturity Date, and (b) each Tranche B Loan on the Tranche B Maturity Date. At the request of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the BorrowerLender, the Borrower Loans made by such Lender shall repay all Swingline be evidenced by a Note payable to such Lender in the amount of such Lender’s Tranche A Loans then outstandingor Tranche B Loans or Commitment, as applicable, with the existing Notes issued under the Existing Credit Agreement remaining in full force and effect and being deemed to satisfy the requirements of this Section 2.09. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.08 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form Notes payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (EXPAND ENERGY Corp), Credit Agreement (Chesapeake Energy Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay outstanding principal balance of (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender shall be payable on the Maturity Date and Termination Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan shall be payable on the earlier of the Maturity Date maturity date specified in the applicable Swing Line Borrowing Request (which maturity shall not be later than the seventh day after the requested date of such Borrowing) and the first date after such Swingline Termination Date, and (iii) each Competitive Loan is made that is shall be payable on the 15th or last day of a calendar month the Interest Period applicable to such Competitive Loan and is at least two (2) Business Days after such Swingline on the Termination Date. Each Loan is made; provided that shall bear interest from the date thereof on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingoutstanding principal balance thereof as set forth in Section 2.06. (b) Each Lender shall shall, and is hereby authorized by the Borrowers to, maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the each Borrower to repay the its Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Revolving Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called note, substantially in the “Notes”)form of Exhibit F attached hereto. In such event, the applicable Borrower shall promptly, and in no event more than ten (10) Business Days after a request therefor, prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Competitive Advance and Revolving Credit Facility Agreement (Weyerhaeuser Co), Competitive Advance and Revolving Credit Facility Agreement (Weyerhaeuser Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is madeDate; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (American Media Operations Inc), Amendment and Restatement Agreement (American Media Operations Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date (unless converted to Term Loans pursuant to Section 2.21 in which event subclause (ii) of this Section 2.10(a) shall apply), (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan on the Final Maturity Date, and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and or 14 days following the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class hereunder and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Magellan Midstream Partners Lp), Credit Agreement (Magellan Midstream Partners Lp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) four Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of the Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises promise to pay (i) to the First Lien Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the First Lien Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two ten (210) Business Days after such Swingline Loan is mademade and (B) the Revolving Maturity Date; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The First Lien Administrative Agent shall shall, in connection with the maintenance of the Register in accordance with Section 9.04(b)(iv), maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the First Lien Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); therein, provided that the failure of any Lender or the First Lien Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section 2.09, the accounts maintained by the First Lien Administrative Agent pursuant to paragraph (c) of this Section 2.09 shall control. (e) Any Lender may request through the First Lien Administrative Agent that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Sotera Health Co), Credit Agreement (Sotera Health Topco, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each the appropriate Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and (ii) payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the Swingline Lender the then unpaid principal amount of each Swingline Loan the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowerdates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.9. (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 made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. (c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 9.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each Interest Period, if any, 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 for from the account of the Lenders Borrower and each Lender’s share thereof. (d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.3(b) or (c) of this Section 2.9 shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded of the Borrower therein (absent manifest error)recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to such Lender (orpromissory note of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, if requested by as the case may be, of such Lender, to such Lender and its registered assigns) substantially in substantially the form forms of Exhibit D attached hereto. ThereafterG-1 and G-2, respectively, with appropriate insertions as to date and principal amount; provided that delivery of such notes shall not be a condition precedent to the making of the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to on the payee named therein (or to such payee and its registered assigns)Closing Date.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Polaner Inc), Revolving Credit Agreement (B&g Foods Holdings Corp)

Repayment of Loans; Evidence of Debt. (ai) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of made to such Lender Borrower on the Maturity Date in the currency of such Loan and (ii) the Company hereby unconditionally promises to pay to the Administrative Agent for the account of the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two fifth (25th) Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the BorrowerCompany, the Borrower Company shall repay all Swingline Loans then outstanding, and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made to such Borrower by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The Subject to Section 10.04(b)(iv), the entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the each Borrower to repay the Loans made to such Borrower in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.410.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 15 Business Days after the date on which such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of the Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (CyrusOne Inc.), Credit Agreement (Cincinnati Bell Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender Revolving Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (ii) to the Swingline Lender Administrative Agent for the account of each Term Loan Lender, the then unpaid principal amount of each Swingline Term Loan on the earlier of the applicable Term Loan Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such one or more promissory notes being collectively called in substantially the “Notes”). form of Exhibit D. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note promissory note(s) and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein therein, unless such assignee elects not to receive a Note (in which case such assignor shall return to the Borrower any Note issued to it, or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form) (or, if such promissory note is a registered note, to such payee and its registered assigns). Upon either (a) Payment in Full of the Loans evidenced by any such promissory note or (b) the assignment of such Loans and Commitments in accordance with Section 9.04 hereof, each such promissory note shall be promptly returned to the Borrower by the payee named therein at the request of the Borrower or in the case of any loss, theft or destruction of any such Note, a lost note affidavit in customary form.

Appears in 2 contracts

Sources: Revolving Credit and Term Loan Agreement (Brixmor Operating Partnership LP), Revolving Credit and Term Loan Agreement (Brixmor Operating Partnership LP)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) five Business Days after such Swingline Loan is made; , provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof, which accounts the Administrative Agent will make available to the Borrower upon its reasonable request. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); therein, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans and pay interest thereon in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoBorrower and the Administrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Seagate Technology), Credit Agreement (Seagate Technology)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two five (25) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form prepared by the form of Exhibit D attached heretoAdministrative Agent and reasonably acceptable to Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Apollo Group Inc), Credit Agreement (Apollo Group Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of (A) each Non-Extended Revolving Lender the then unpaid principal amount of each Non-Extended Revolving Loan of such Lender on the Non-Extended Revolving Maturity Date and (B) each Extended Revolving Lender the then unpaid principal amount of each Extended Revolving Loan of such Lender on the Extended Revolving Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Term Loan of such Lender on the Maturity Date as provided in Section 2.10 and (iiiii) to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans then outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received records maintained by the Administrative Agent hereunder for the account of and the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)of the Borrower in respect of Loans, LC Disbursements, interest and fees due or accrued hereunder; provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts records or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. (ec) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Amendment No. 4 to the Second Amended and Restated Credit Agreement (Chemours Co), Amendment No. 3 to the Second Amended and Restated Credit Agreement (Chemours Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay on each Quarterly Date occurring prior to the Term Loan Maturity Date (i) commencing with June 30, 2006), to the Administrative Agent for the account of each Lender the then unpaid Term Loan Lenders principal payments in the amount equal to the sum of (i) 0.25% of the original principal amount of the Term Loans after the initial Borrowing on the Closing Date plus (ii) 0.25% of the original principal amount of each Revolving Term Loan of such Lender made pursuant to a Term Loan Increase after the Borrowing on the Maturity Date applicable Term Loan Increase Date. To the extent not previously paid, all Term Loans shall be due and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan payable in full on the earlier of the Term Loan Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.10 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any If so requested by any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called written notice to the “Notes”). In such eventBorrower, the Borrower shall prepare, execute and deliver to such Lender Lender, a Term Note payable to such Lender (or, if requested by in the principal amount of such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)’s Term Loan.

Appears in 2 contracts

Sources: Term Loan Agreement (Lbi Media Holdings Inc), Term Loan Agreement (Lbi Media Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Sources: Credit Agreement (Electronic Arts Inc.), Credit Agreement (Electronic Arts Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay pay, without premium or penalty (but subject to Section 2.15), (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender Lender, the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days 14 days after such Swingline Loan is made; provided that on each date that a Borrowing of Revolving Borrowing Loans is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and and, in the case of Term SOFR Loans, the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder ▇▇▇▇▇▇▇▇▇ for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) substantially in substantially the form of Exhibit D attached hereto. B. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)therein.

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower Borrowers hereby jointly and severally unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and Date, (ii) to the Swingline Administrative Agent for the account of the Revolving Issuing Bank and/or each Revolving Lender, as the case maybe, all Revolving LC Disbursements that have not been reimbursed or converted into Revolving Loans and (iii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Swingline Term Loan of such Lender on the earlier of the Term Loan Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (b) 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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note, substantially in the form of Exhibit D, payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay pay, without premium or penalty (subject to Section 2.15), (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender Lender, the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days 14 days after such Swingline Loan is made; provided that on each date that a Borrowing of Revolving Borrowing Loans is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and and, in the case of Term SOFR Loans, the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) substantially in substantially the form of Exhibit D attached hereto. D. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)therein.

Appears in 2 contracts

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

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the first Business Day prior to the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Periodand, if anyapplicable, each Interest Period applicable theretotherefor, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (bSection 2.09(b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its permitted and registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after an increase in such Lender's Commitment pursuant to Section 2.20 or an increase or reduction after an assignment pursuant to Section 9.410.04) be represented by one or more promissory notes substantially Notes in such form payable to the order of the payee named therein (or or, if such Note is a registered note, to such payee and its permitted and registered assigns). In addition, upon receipt of an affidavit of an officer of such Lender as to the loss, theft, destruction or mutilation of the promissory note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Sources: Credit and Guarantee Agreement (H&r Block 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 each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier earliest of (x) the Maturity Date and Date, (y) the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two five (25) Business Days after such demand by the Swingline Lender in its discretion if no Event of Default exists and (z) the demand by the Swingline Lender in its discretion if an Event of Default exists. The Obligations of the Borrowers hereunder and under the Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDocuments are joint and several. (b) 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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Spartan Motors Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.08 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Southwestern Energy Co)

Repayment of Loans; Evidence of Debt. (a) The Each Applicable Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each of its Revolving Loan of such Lender Loans on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the any Borrower, the Borrower Company shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns). (f) If at any time the aggregate Revolving Credit Exposure of the Lenders exceeds the aggregate Commitments of the Lenders, the Company shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Revolving Loans in the amount of such excess. To the extent that, after the prepayment of all Revolving Loans an excess of the Revolving Credit Exposure over the aggregate Commitments still exists, the Company shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess. (g) The Administrative Agent will determine the Dollar Equivalent of the aggregate LC Exposure and the Dollar Equivalent of each Loan on each Exchange Rate Date. If at any time the sum of such amounts exceeds 105% of the aggregate Commitments of the Lenders, the Company shall (or shall cause one or more Subsidiary Borrowers to) immediately prepay the Loans in the amount of such excess. To the extent that, after the prepayment of all Loans an excess of the sum of such amounts over 105% of the aggregate Commitments still exists, the Company shall (or shall cause one or more Subsidiary Borrowers to) promptly cash collateralize the Letters of Credit in the manner described in Section 2.06(j) in an amount sufficient to eliminate such excess.

Appears in 1 contract

Sources: Revolving Credit Agreement (Ingredion Inc)

Repayment of Loans; Evidence of Debt. (a) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender and its registered assigns and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.05) be represented by one or more promissory notes in such form payable to such payee and its registered assigns. (b) The Borrower hereby unconditionally promises to pay shall repay principal of outstanding Term B Loans on the last Business Day of each March, June, September and December of each year (icommencing on the applicable day of the first full fiscal quarter of the Borrower after the Closing Date) prior to the Administrative Agent for Term B Maturity Date in an amount equal to $1,375,000, and on the account of each Lender Term B Maturity Date, in an amount equal to the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Term B Loans then outstanding. (bc) 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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the relevant Lenders and each relevant Lender’s share thereof. (de) The entries made in the accounts maintained pursuant to paragraph (be) or (cf) of this Section 2.9 shall be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (RR Donnelley & Sons Co)

Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of made to such Lender Borrower on the Maturity Date and in the currency of such Loan, (ii) to the Administrative Agent for the account of each Lender with an outstanding Competitive Loan the then unpaid principal amount of each such Competitive Loan on the last day of the Interest Period applicable to such Loan and (iii) in the case of the Company, to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first fifteenth Business Day after the date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing or Competitive Borrowing is made to the Borrowermade, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement. (ed) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent and the Company. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Five Year Credit Agreement (SNAP-ON Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that that, notwithstanding anything to the contrary contained herein, on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) 30. 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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) 31. The Administrative Agent shall maintain accounts in the Register established and maintained in accordance with the provisions of Section 9.04(b)(iv) in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) 32. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) 33. Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form reasonably acceptable to the form of Exhibit D attached heretoAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 1 contract

Sources: Credit Agreement (Myriad Genetics Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises agrees to pay (i) repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender Lenders (i) on the Maturity Date applicable to Senior Cash Pay Loans, the aggregate principal amount of all Senior Cash Pay Loans outstanding on such date and (ii) on the Maturity Date applicable to Senior Toggle Loans, the Swingline Lender the then unpaid aggregate principal amount of each Swingline Loan all Senior Toggle Loans outstanding on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingdate. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, Period (if any, ) applicable thereto, (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) the any amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially Notes in such form payable to the order of the payee named therein (or or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Senior Unsecured Interim Loan Agreement (Harrahs Entertainment Inc)

Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay to (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of made to such Lender Borrower on the Maturity Date applicable to Revolving Borrowings (in the case of any Declining Lender, without giving effect to the extension thereof pursuant to Section 2.09) and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made to such Borrower on the earlier of the Maturity Date applicable to Swingline Loans and the first date Business Day after such Swingline Loan is made that is the 15th day or the last day of a calendar month and that is at least two (2) Business Days after the day on which such Swingline Loan is shall have been made; provided that on each date that on which a Revolving Borrowing is made to the by a Borrower, the such Borrower shall repay all Swingline Loans then outstandingoutstanding for the account of such Borrower. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Type and Type currency thereof and and, if applicable, the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans or pay any other amounts due hereunder in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the each Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoCompany and the Administrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.410.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Agilent Technologies, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two ten (210) Business Days after the date such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 1 contract

Sources: Credit Agreement (Kirby Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be be, absent manifest error, prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (NetApp, 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 each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) ten Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower Borrowers shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Caprock Communications Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Trinity Industries Inc)

Repayment of Loans; Evidence of Debt. (a) The Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of made to such Lender Borrower on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made to such Borrower on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower Borrowers shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it to any Borrower be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in substantially the form of attached hereto as Exhibit D attached hereto. I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (EDGEWELL PERSONAL CARE Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; 860627.02-LACSR02A - MSW provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Southwestern Energy Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender Revolving Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Revolving Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The Subject to the terms of the Register, which shall be controlling, the entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such one or more promissory notes being collectively called in substantially the “Notes”)forms of Exhibit D-1 or Exhibit D-2 hereto, as applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note promissory note(s) and interest thereon shall at all times (including after assignment pursuant to Section 9.4) 9.04), unless such assignee elects not to receive a Note be represented by one or more promissory notes substantially in such form payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Revolving Credit Agreement (Xenia Hotels & Resorts, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) shall repay to the Administrative Agent for the ratable account of the Lenders (i) on the last Business Day of each Lender March, June, September and December, commencing with the then unpaid end of the second full fiscal quarter following the Closing Date, an aggregate amount equal to 0.25% of the aggregate principal amount of each Revolving Loan of such Lender all Loans outstanding on the Closing Date; provided that, to the extent specified in the applicable Extension Offer, amortization payments with respect to Extended Loans for periods prior to the then current Maturity Date for Loans may be reduced (but not increased) and amortization payments required with respect to Extended Loans for periods after the Maturity Date for Loans shall be as specified in the applicable Extension Offer and (ii) on the Maturity Date and (ii) to for the Swingline Lender Loans, the then unpaid aggregate principal amount of each Swingline Loan all Loans outstanding on the earlier of such date (or with respect to any Extended Loans, the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingapplicable thereto). (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Loan Agreement (Akorn Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay to (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding; provided, further that, unless repaid by the Borrower, each Swingline Loan not repaid when due in accordance with the foregoing shall be automatically refinanced with an ABR Borrowing in an equivalent amount so long as all conditions precedent to such Borrowing set forth in Section 4.02 are satisfied (and the Borrower shall be deemed to represent and warrant as to the matters specified in paragraphs (a) and (b) of Section 4.02) and the Borrower’s obligation to repay such Swingline Loan shall be discharged and replaced by the resulting ABR Borrowing. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (American Realty Capital Trust V, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan of such Term Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10 Business Days after such Swingline Loan is mademade and (B) the Revolving Maturity Date; provided that on each date that a Revolving Loan Borrowing in Dollars is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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 hereunder, (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereofthereof and (iv) any cancellation or retirement of Term Loans contemplated by Section 9.04(g). (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); therein, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section and the entries made in the Register 125 #97964454v4 #97964454v11 pursuant to Section 9.04(b)(iv), the accounts maintained by the Administrative Agent and the entries made in the Register pursuant to Section 9.04(b)(iv) shall control. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) assigns substantially in substantially the form of Exhibit D attached heretoL. (f) For the avoidance of doubt, (x) with effect from the Amendment No. Thereafter1 Effective Date, the 2020 Incremental Term Loans evidenced by such Note and interest thereon made in accordance with Amendment No. 1 shall at constitute for all times (including after assignment purposes of this Agreement, a “Term Loan” made pursuant to Section 9.4) this Agreement and all provisions of this Agreement applicable to Term Loans shall be represented by one or more promissory notes substantially in such form payable applicable to the payee named therein 2020 Incremental Term Loans; provided, that, the 2020 Incremental Term Loans shall constitute a separate Class of Loans from the “Initial Term Loans” for all purposes of this Agreement and (or y) with effect from the Amendment No. 1 Effective Date, the 2020 Incremental Term Loans Commitment shall constitute an “Incremental Commitment” for all purposes of this Agreement, and all provisions of this Agreement applicable to such payee Incremental Commitments in respect of Incremental Term Loans shall be applicable to the 2020 Incremental Term Loan Commitments. Further, with effect from the Amendment No. 1 Effective Date, the 2020 Incremental Term Loans (i) shall mature and its registered assignsshall become due and payable on the Term Maturity Date applicable to Initial Term Loans and (ii) shall be repaid in quarterly installments in accordance with Section 2.10(a). (g) For the avoidance of doubt, (x) with effect from Amendment No. 5 Effective Date, the 2021 Incremental Term Loans made in accordance with Amendment No. 5 shall constitute for all purposes of this Agreement, a “Term Loan” made pursuant to this Agreement and all provisions of this Agreement applicable to Term Loans shall be applicable to the 2021 Incremental Term Loans; provided, that, with effect from Amendment No. 5 Effective Date, the 2021 Incremental Term Loans Commitment shall constitute an “Incremental Commitment” for all purposes of this Agreement, and all provisions of this Agreement applicable to Incremental Commitments in respect of Incremental Term Loans shall be applicable to the 2021 Incremental Term Loan Commitments. Further, with effect from Amendment No. 5 Effective Date, the 2021 Incremental Term Loans (i) shall mature and shall become due and payable on the Term Maturity Date applicable to Initial Term Loans and (ii) shall be repaid in quarterly installments in accordance with Section 2.10(a).

Appears in 1 contract

Sources: Credit Agreement (GoHealth, 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 each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the each Swingline Lender the then unpaid principal amount of each Swingline Loan made by such Swingline Lender on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided provided, that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower Borrowers shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note, substantially in the form of Exhibit D, payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Dennys Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two tenth (210th) Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. H. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 1 contract

Sources: Credit Agreement (Sprouts Farmers Market, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days seven days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) On the date that a Change in Control occurs, the Borrower shall repay the outstanding principal amount of the Loans and all other amounts outstanding hereunder and shall comply with the provisions of Section 2.06(j). (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (de) The entries made in the accounts maintained pursuant to paragraph (bc) or (cd) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Kinder Morgan Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent Agent, for the account of each Lender Lender, the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.08 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementSecured Obligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form Notes payable to the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Energy Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is madeDate.; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest PeriodPeriod applicable thereto, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph clause (b) or (c) of this Section 2.9 shall 2.10 shall, absent manifest error, be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement; provided, further, that in the event of a conflict between the entries made in the accounts maintained pursuant to clause (b) or (c) of this Section 2.10 and the Register, the Register shall govern. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called and, collectively, the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form reasonably acceptable to the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially Notes in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Integral Ad Science Holding Corp.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts (including the Register maintained pursuant to Section 9.04(b)(iv)) in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to the order of such Lender and its registered assigns) , in substantially the form of attached hereto as Exhibit D attached hereto. H. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or to such payee and its registered assigns). Upon either (a) payment in full of the Loans evidenced by any such promissory note and termination of the Commitments relating thereto or (b) the assignment of such Loans and Commitments in accordance with Section 9.04 hereof, each such promissory note shall be returned to the Borrower by the payee named therein at the request of the Borrower.

Appears in 1 contract

Sources: Credit Agreement (TimkenSteel 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 each Lender the then unpaid principal amount of each Revolving Loan of such Lender made to it on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan made to it on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two tenth (210th) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Company to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Company to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Company shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable form, unless such assignee elects not to receive a note (in which case such assignor shall return to the Company any note issued to it, or in the case of any loss, theft or destruction of any such note, a lost note affidavit in customary form). Upon either (a) payment in full of the Loans evidenced by any such promissory note or (b) the assignment of such Loans and Revolving Commitments in accordance with Section 9.01 hereof, each such promissory note shall be promptly returned to the Company by the payee named therein (or to in the case of any loss, theft or destruction of any such payee and its registered assigns)promissory note, a lost note affidavit in customary form.

Appears in 1 contract

Sources: Credit Agreement (Westlake Chemical Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent (i) for the account of each Effective Date Lender the then unpaid principal amount of each Revolving Effective Date Term Loan of such Lender on the Maturity Date and Date, (ii) to for the Swingline account of each Delayed Draw Lender the then unpaid principal amount of each Swingline Delayed Draw Term Loan on the earlier of the Maturity Date and (iii) for the first date after such Swingline account of each Incremental Lender the then unpaid principal amount of each Incremental Term Loan is made that is on the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingMaturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness debt of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i2) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (ii2) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii2) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); therein, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that its Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by the order of such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.410.4) be represented by one or more promissory notes substantially in such form a Note payable to the order of the payee named therein or any Eligible Assignee pursuant to Section 10.4, except to the extent that any such Lender or Eligible Assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in paragraphs (or to such payee b) and its registered assigns)(c) above.

Appears in 1 contract

Sources: Term Loan Agreement (Allete Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account accounts of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.08 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans of any Class and Type made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: 364 Day Credit Agreement (Sungard Data Systems Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) fifth Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its US-DOCS\103717350.16 registered assigns) and in substantially a form reasonably acceptable to the form of Exhibit D attached heretoAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).. US-DOCS\103717350.16

Appears in 1 contract

Sources: Credit Agreement (Farmer Brothers Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, (ii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan of such Term Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10 Business Days after such Swingline Loan is mademade and (B) the Revolving Maturity Date; provided that on each date that a Revolving Loan Borrowing in Dollars is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstandingthat were outstanding on the date such Borrowing was requested. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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 hereunder, (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereofthereof and (iv) any cancellation or retirement of Term Loans contemplated by Section 9.04(g). (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); therein, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section and the entries made in the Register pursuant to Section 9.04(b)(iv), the accounts maintained by the Administrative Agent and the entries made in the Register pursuant to Section 9.04(b)(iv) shall control. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) assigns substantially in substantially the form of Exhibit D attached heretoL. (f) For the avoidance of doubt, (x) with effect from the Amendment No. Thereafter1 Effective Date, the 2020 Incremental Term Loans evidenced by such Note and interest thereon made in accordance with Amendment No. 1 shall at constitute for all times (including after assignment purposes of this Agreement, a “Term Loan” made pursuant to Section 9.4) this Agreement and all provisions of this Agreement applicable to Term Loans shall be represented by one or more promissory notes substantially in such form payable applicable to the payee named therein 2020 Incremental Term Loans; provided, that, the 2020 Incremental Term Loans shall constitute a separate Class of Loans from the “Initial Term Loans” for all purposes of this Agreement and (or y) with effect from the Amendment No. 1 Effective Date, the 2020 Incremental Term Loans Commitment shall constitute an “Incremental Commitment” for all purposes of this Agreement, and all provisions of this Agreement applicable to such payee Incremental Commitments in respect of Incremental Term Loans shall be applicable to the 2020 Incremental Term Loan Commitments. Further, with effect from the Amendment No. 1 Effective Date, the 2020 Incremental Term Loans (i) shall mature and its registered assignsshall become due and payable on the Term Maturity Date applicable to Initial Term Loans and (ii) shall be repaid in quarterly installments in accordance with Section 2.10(a)(ii). (g) For the avoidance of doubt, (x) with effect from Amendment No. 5 Effective Date, the 2021 Incremental Term Loans made in accordance with Amendment No. 5 shall constitute for all purposes of this Agreement, a “Term Loan” made pursuant to this Agreement and all provisions of this Agreement applicable to Term Loans shall be applicable to the 2021 Incremental Term Loans; provided, that, with effect from Amendment No. 5 Effective Date, the 2021 Incremental Term Loans Commitment shall constitute an “Incremental Commitment” for all purposes of this Agreement, and all provisions of this Agreement applicable to Incremental Commitments in respect of Incremental Term Loans shall be applicable to the 2021 Incremental Term Loan Commitments. Further, with effect from Amendment No. 5 Effective Date, the 2021 Incremental Term Loans (i) shall mature and shall become due and payable on the Term Maturity Date applicable to Initial Term Loans and (ii) shall be repaid in quarterly installments in accordance with Section 2.10(a)(ii). (h) For the avoidance of doubt, (x) with effect from the 2021-2 Incremental Term Loan Closing Date, the 2021-2 Incremental Term Loans made in accordance with Amendment No. 6 shall constitute for all purposes of this Agreement, a “Term Loan” made pursuant to this Agreement and all provisions of this Agreement applicable to Term Loans shall be applicable to the 2021-2 Incremental Term Loans; provided, that, with effect from the Amendment No. 6 Effective Date, the 2021-2 Incremental Term Loans Commitment shall constitute an “Incremental Commitment” for all purposes of this Agreement, and all provisions of this Agreement applicable to Incremental Term Commitments shall be applicable to the 2021-2 Incremental Term Loan Commitments. Further, with effect from the 2021-2 Incremental Term Loan Closing Date, the 2021-2 Incremental Term Loans (i) shall mature and shall become due and payable on the 2021-2 Incremental Term Loan Maturity Date and (ii) shall be repaid in quarterly installments in accordance with Section 2.10(a)(ii).

Appears in 1 contract

Sources: Credit Agreement (GoHealth, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10th Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such LenderL▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s L▇▇▇▇▇'s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 1 contract

Sources: Credit Agreement (O Reilly Automotive Inc)

Repayment of Loans; Evidence of Debt. (a) The Subject to Section 2.08(e), the Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each applicable Lender the then unpaid principal amount of each Swingline Competitive Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after the Interest Period applicable to such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingLoan. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. In case of any discrepancy between the entries made by the Administrative Agent pursuant to this paragraph and the entries made by any Lender pursuant to paragraph (b) of this Section, such Lender’s entries shall be considered correct, in the absence of manifest error. (d) The In case of any dispute, action or proceeding relating to any Loan, the entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request of the Borrower that (i) Revolving Loans made by it be evidenced by a promissory note note, substantially in the form of Exhibit B-1 (each such promissory note being called a “Revolving Loan Note”) and all such (ii) Competitive Loans made by it be evidenced by a promissory notes being collectively called note, substantially in the form of Exhibit B-2 (a NotesCompetitive Loan Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes in such forms payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form forms payable to the order of the payee named therein (or or, if any such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: 364 Day Revolving Credit Agreement (CSX Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Term Loan Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (b) The Borrower and each surety, endorser, guarantor and other party ever liable for payment of any sums of money payable under this Agreement, jointly and severally waive presentment and demand for payment, notice of intention to accelerate the maturity, protest, notice of protest and nonpayment, as to the payments due under this Agreement or any other Loan Document and as to each and all installments hereunder and thereunder, and agree that their liability under this Agreement or any other Loan Document shall not be affected by any renewal or extension in the time of payment hereof, or in any indulgences, or by any release or change in any security for the payment of the Obligations, and hereby consent to any and all such renewals, extensions, indulgences, releases or changes. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (de) The entries made in the accounts maintained pursuant to paragraph (bc) or (cd) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender or Participant may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender or Participant a Note promissory note payable to the order of such Lender or Participant (or, if requested by such LenderLender or Participant, to such Lender or Participant and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. E. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.410.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Term Loan Credit Agreement (Exco Resources Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Paying Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (b) Each Revolving Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Revolving Lender resulting from each Revolving Loan made by such Revolving Lender, including the amounts of principal and interest payable and paid to such Revolving Lender from time to time hereunder. (c) The Administrative Paying Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Revolving Lender hereunder and (iii) the amount of any sum received by the Administrative Paying Agent hereunder for the account of the Revolving Lenders and each Revolving Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Revolving Lender or the Administrative Paying Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Revolving Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Revolving Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoPaying Agent. Thereafter, the Revolving Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Tucson Electric Power Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date Date, and (ii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan of such Term Lender as provided in Section 2.10 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10 Business Days after such Swingline Loan is mademade and (B) the Revolving Maturity Date; provided that on each date that a Revolving Loan Borrowing in Dollars is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding.that were outstanding on the date such Borrowing was requested.. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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 hereunder, (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender▇▇▇▇▇▇’s share thereofthereof and (iv) any cancellation or retirement of Term Loans contemplated by Section 9.04(g). (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); therein, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section and the entries made in the Register pursuant to Section 9.04(b)(iv), the accounts maintained by the Administrative Agent and the entries made in the Register pursuant to Section 9.04(b)(iv) shall control. (e) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) assigns substantially in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).L.

Appears in 1 contract

Sources: Credit Agreement (GoHealth, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Progress Software Corp /Ma)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Revolving Facility Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Termination Date (or with respect to any Revolving Loans outstanding with respect to an Extended Revolving Commitment, the Maturity Date applicable thereto), (ii) to the Term Loan Facility Administrative Agent for the account of each Lender the Term Loans in accordance with Section 2.3; provided that, to the extent specified in the respective Extension Offer, amortization payments with respect to Extended Term Loans for periods prior to the Term Loan Maturity Date may be reduced (but not increased) and amortization payments required with respect to Extended Term Loans for periods after the Term Loan Maturity Date shall be as specified in the respective Extension Offer and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingin accordance with Section 2.6(b). (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The applicable Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Facility, Type thereof and the Interest Period, if any, 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) the amount of any sum received by the applicable Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the applicable Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) assigns and in substantially a form approved by the form of Exhibit D attached heretoapplicable Administrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.411.6) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Tivity Health, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to Revolving Credit Loans made by the Administrative Agent for Lender shall be evidenced by the account Revolving Credit Note. The Revolving Credit Loans and the Revolving Credit Note shall mature and be payable at the Maturity Date of each the Revolving Credit Loans. The Lender shall enter in its records the then unpaid principal amount of each of its Revolving Loan Credit Loans, the rate of interest borne on such Lender on Revolving Credit Loans, and the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier payments of the Maturity Date Revolving Credit Loans received by the Lender, and such records shall be conclusive evidence of the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowersubject matter thereof, the Borrower shall repay all Swingline Loans then outstandingabsent manifest error. (b) Each The Term Loan A shall be evidenced by the Term Note A in the amount of Term Loan A when made. The Term Loan A shall mature and be payable in accordance with the provisions of the Term Note A. The Lender shall enter in its records the amount of the Term Loan A, the rate of interest borne on the Term Loan A and the payments of the Term Loan A received by the Lender, and such records shall be conclusive evidence of the subject matter thereof, absent manifest error. (c) The Term Loan B shall be evidenced by the Term Note B in the amount of Term Loan B when made. The Term Loan B shall mature and be payable in accordance with the provisions of the Term Note B. The Lender shall enter in its records the amount of the Term Loan B, the rate of interest borne on the Term Loan B and the payments of the Term Loan B received by the Lender, and such records shall be conclusive evidence of the subject matter thereof, absent manifest error. (d) The Borrowers hereby jointly, severally and unconditionally promise to pay to the Lender in full in cash, to the extent not previously paid, the then-unpaid principal amount of all Loans on the applicable Maturity Date. (e) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such the Lender resulting from each Loan made by such LenderLoan, including the amounts of principal and interest payable and paid to such the Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of under this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Air T Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving (i) Delayed Draw Term Loan of such Lender on the Final Maturity Date in the applicable currency and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Revolving Loan on the earlier of the Final Maturity Date and in the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingapplicable currency. (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 made by such LenderLender to the Borrower, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) . The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans to it in accordance with the terms of this Agreement. (ed) Any Lender may reasonably request that Loans made by it to the Borrower be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (General Electric Co)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (iEach Term Loan A Lender identified in Section 2.03(f) to below requires that its Pro Rata Share of the Administrative Agent for outstanding principal of the account Term Loan A shall be repayable in consecutive monthly installments, on the first day of each Lender month, commencing on August 1, 2005 and ending on the then Final Maturity Date, consisting of a monthly principal payment in an amount equal to (x) $500,000 times (y) the Pro Rata Share of such Term Loan A Lender; provided, however, that the last installment shall be in the amount necessary to repay in full the unpaid principal amount of each Revolving the Term Loan A (including the outstanding Term Loan A PIK Amount) to all Term Loan A Lenders. The outstanding principal of such Lender the Term Loan A (including the outstanding Term Loan A PIK Amount) and of the Term Loan B (including the outstanding Term Loan B PIK Amount) shall be repaid in full on the Final Maturity Date Date. The Borrowers promise and (ii) agree to make such required installment payments of principal and payment of all such principal and interest at the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Final Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingDate. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 2.03 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that that, the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially a form furnished by the form of Exhibit D attached heretoCollateral Agent and reasonably acceptable to the Administrative Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.412.07) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns). (f) For the period from August 1, 2005 through July 1, 2006, the Term Loan A Lenders that require payment of monthly installments of principal of the Term Loan A in accordance with Section 2.03 (a) above are as follows: ▇▇▇▇▇▇▇ Partners, L.P., Highland Crusader Offshore Partners, Hedgehog Capital, The Conus Fund, L.P., East ▇▇▇▇▇▇ Inc. (BVI), The Conus Fund Offshore Limited and The Conus Fund (QP), L.P. For the sake of clarity, the Term Loan A Lenders that require no payment of monthly installments of principal of the Term Loan A in accordance with Section 2.03 (a) for the period from August 1, 2005 through July 1, 2006 are as follows: Manchester, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, individually, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Trust A-4, MilFam I, L.P. and MilFam II, L.P. Commencing effective as of August 1, 2006, all of the Term Loan A Lenders will require payment of monthly installments of principal of the Term Loan A in accordance with Section 2.03(a) above such that the aggregate monthly installment of principal of the Term Loan A to be paid by the Borrowers will be $500,000, and the Borrowers promise and agree to make such required installment payments. (g) From time to time during the period from August 1, 2005 through July 1, 2006, the Administrative Borrower may, upon written notice delivered to the Administrative Agent no fewer than five (5) Business Days before the date on which each monthly installment payment contemplated by Section 2.03(a) is due, propose to each Term Loan A Lender identified in the second sentence of Section 2.03(f) that each such Term Loan A Lender be paid and accept a principal payment on its Term A Loans equal to its Pro Rata Share of $500,000, which proposed payment may be waived by each such Term Loan A Lender in its sole discretion. If such Term Loan A Lender elects to waive its right to any such proposed payment, such Term Loan A Lender shall provide notice of same to the Administrative Agent and the Administrative Borrower within such five (5) Business Day period and, in such case, no such payment or proposed payment shall be made, or otherwise subject to the provisions of Section 2.05(b)(i)." 3. The Borrowers and the Guarantors hereby represent and warrant to the Lenders and the Agents that (i) each of the representations and warranties of the Borrowers and the Guarantors contained in the Original Financing Agreement and the other Loan Documents are true, correct and complete as of the date hereof and apply to the execution of this First Amendment and any other documents executed in connection herewith; (ii) the Borrowers and the Guarantors have complied with all covenants, terms and other conditions set forth in the Original Financing Agreement and the other Loan Documents as of the date hereof; and (iii) there exists no Default as of the date hereof. 4. It is further understood and agreed by and among the parties hereto that all terms and conditions of the Original Financing Agreement, except as herein modified, shall remain in full force and effect. 5. The parties hereto confirm that the Lenders signatory hereto constitute the Required Lenders as that term is defined and used in the Original Financing Agreement. 6. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This First Amendment will be effective when a counterpart hereof has been executed on behalf of each Borrower, each Guarantor, the Agents and each Term Loan A lender identified in the second sentence of amended and restated Section 2.03(f) of the Credit Agreement, as set forth in Section 2 of this First Amendment; provided, however, that such Term Loan A Lenders include at least the Required Lenders.

Appears in 1 contract

Sources: Financing Agreement (Horizon Offshore Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on or before the earlier of fifth (5th) Business Day after the Maturity Date and the first date after on which such Swingline Loan is made that is or such later date to which the 15th or last day of a calendar month Swingline Lender and is at least two (2) Business Days after such Swingline Loan is made; provided that the Borrower agree and, in any event, on each date that a Revolving Borrowing is made to the Borrower, the Maturity Date. The Borrower shall repay all Swingline the Incremental Term Loans then outstandingas set forth in the applicable Incremental Term Loan Amendment entered into pursuant to Section 2.04. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially the form of attached hereto as Exhibit D attached hereto. E. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Dean Foods Co)

Repayment of Loans; Evidence of Debt. (a) The Each Borrower severally hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of made to such Lender Borrower on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan to such Borrower on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10th Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing Loan is made to the a Borrower, the such Borrower shall repay all Swingline Loans to such Borrower then outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (de) The entries made in the accounts maintained pursuant to paragraph (b) or (cclause ‎(c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (ef) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 9.4‎Section 9.04 of this Agreement) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Restatement Agreement (Constellation Brands, Inc.)

Repayment of Loans; Evidence of Debt. (a) [Reserved] (b) The Borrower hereby unconditionally promises outstanding principal amount of the Term Loan shall be repayable on the following dates and in the following amounts set forth opposite such dates: ; provided, however, that the last such installment shall be in the amount necessary to pay (i) to repay in full the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of the Term Loan; provided further if such Lender day shall fall on a day other than a Business Day, such installment shall be made on the preceding Business Day. The outstanding 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 Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the Swingline Lender the then unpaid principal amount terms of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingthis Agreement. (bc) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (de) The entries made in the accounts maintained pursuant to paragraph (bSection 2.03(c) or (cSection 2.03(d) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that (i) the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans 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. (ef) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns in substantially a form furnished by the form of Exhibit D attached heretoCollateral Agent and reasonably acceptable to the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.412.07) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Financing Agreement (Troika Media Group, Inc.)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10th Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender▇▇▇▇▇▇, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s ▇▇▇▇▇▇'s share thereof.. ​ (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.. ​ (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).form. ​

Appears in 1 contract

Sources: Credit Agreement (O Reilly Automotive Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver a promissory note to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) assigns in substantially the form of attached hereto as Exhibit D attached hereto. I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns). (f) The accounts and records maintained by the Administrative Agent referred to in clause (c) shall be treated as part of the Register. In the event of any inconsistency between the Register and any Lender’s records, the records as in the Register shall govern.

Appears in 1 contract

Sources: Credit Agreement (Lam Research Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date in the currency of such Loan and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Dollar Tranche Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period, if any, 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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Microchip Technology Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Administrative Agent for the account of the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) 10th Business Days Day after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in substantially a form approved by the form of Exhibit D attached heretoAdministrative Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.49.04) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns)form.

Appears in 1 contract

Sources: Credit Agreement (O Reilly Automotive Inc)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) The outstanding principal of all Revolving Loans shall be due and payable on the Final Maturity Date; provided, however, that, if on February 28, 2004, the Total Revolving C Credit Commitment is terminated pursuant to Section 2.05(a), (x) the Administrative Agent for aggregate outstanding principal of the account Revolving C Loans shall be repayable in monthly installments, on the last day of each Lender month, commencing on February 28, 2004 until paid in full, in an amount equal to $400,000 per month, with the then last such installment to be in the amount necessary to repay in full the unpaid principal amount of each the remaining aggregate outstanding amount of the Revolving Loan C Loans, and (y) the aggregate outstanding principal of such Lender the Foreign Loans shall be repayable in monthly installments, on the Maturity Date and (ii) last day of each month, commencing on February 28, 2004, until paid in full, in an amount equal to $500,000 per month, with the Swingline Lender last such installment to be in the then amount necessary to repay in full the unpaid principal amount of each Swingline Loan on the earlier remaining aggregate outstanding amount of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two (2) Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrower, the Borrower shall repay all Swingline Loans then outstandingForeign Loans. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Funding Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, applicable thereto, (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) the amount of any sum received by the Administrative Funding Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Funding Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”)note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially a form furnished by the form of Exhibit D attached heretoCollateral Agent and reasonably acceptable to the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.411.07) be represented by one or more promissory notes substantially in such form payable to the order of the payee named therein (or or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Sources: Financing Agreement (Atp Oil & Gas Corp)

Repayment of Loans; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the respective Maturity Date for that Class of Loan, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date for Revolving Loans and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two three (23) HOU:0007002/04558:1716085v10 Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made to the Borrowermade, the Borrower shall repay all Swingline Loans then outstanding. The Loans shall be evidenced by the Notes; provided, however, that upon written request of any Lender, its Loans will be evidenced by this Agreement and a Note will not be executed in favor of such Lender. The Swingline Loans shall be evidenced by the Swingline Note. (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 made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period, if any, Period applicable thereto, (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) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.9 shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit D attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 9.4) be represented by one or more promissory notes substantially in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Sources: Credit Agreement (Hines Real Estate Investment Trust Inc)