Replacement Note. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of the Term Note or of any other Loan Document which is not of public record and, in the case of any such mutilation, upon surrender and cancellation of the Term Note or other Loan Document, the Borrower will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term Note) and in any event of like tenor.
Appears in 3 contracts
Samples: Essential Therapeutics Inc, Transkaryotic Therapies Inc, Organogenesis Inc
Replacement Note. Upon receipt of an affidavit of an officer of the Bank Lender as to the loss, theft, destruction or mutilation of the Term this Note or of any other Loan Document which is not of public record record, and, in the case of any such mutilation, upon surrender and cancellation of the Term this Note or other Loan Document, the Borrower Obligors will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.
Appears in 3 contracts
Samples: Term Note (Platinum Acquisition Corp), Term Note (Vermont Pure Holdings LTD/De), Vermont Pure Holdings LTD/De
Replacement Note. Upon receipt of an appropriate and reasonably acceptable affidavit of an officer of the affected Bank as to the loss, theft, destruction or mutilation of the Term any Note or of any other Loan Document which is not of public record and, in the case of any such mutilation, upon surrender and cancellation of the Term such Note or other Loan Document, the Borrower will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term any Note) and in any event of like tenor.
Appears in 3 contracts
Samples: Credit Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc)
Replacement Note. Upon receipt of an affidavit of an officer of the Bank Lender as to the loss, theft, destruction or mutilation of the Term this Note or of any other Loan Document which is not of public record record, and, in the case of any such mutilation, upon surrender and cancellation of the Term this Note or other Loan Document, or in the Borrower case of any such loss, theft or destruction, upon an agreement by the holder thereof to indemnify Obligors for losses in connection therewith, Obligors will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.
Appears in 3 contracts
Samples: Vermont Pure Holdings LTD/De, Vermont Pure Holdings LTD/De, Vermont Pure Holdings LTD/De
Replacement Note. Upon receipt of an affidavit of an officer of the any Bank as to the loss, theft, destruction or mutilation of the Term a Note or of any other Loan Document security document which is not of public record record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of the Term such Note or other Loan Documentsecurity document, the Borrower will issue, in lieu thereof, a replacement Term Note or other Loan Document security document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Suprema Specialties Inc), Guaranty and Security Agreement (Suprema Specialties Inc)
Replacement Note. Upon receipt of an affidavit of an officer of the Bank Lead Lender as to the loss, theft, destruction or mutilation of the Term Note or of any other Loan Document security document which is not of public record record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of the Term Note or other Loan Documentsecurity document, the Borrower will issue, in lieu thereof, a replacement Term Note note or other Loan Document security document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.. [Signatures appear on following page]
Appears in 2 contracts
Samples: Promissory Note (Nedak Ethanol, LLC), Loan Agreement (Nedak Ethanol, LLC)
Replacement Note. Upon receipt of an affidavit of an officer of the Bank Lender as to the loss, theft, destruction or mutilation of the Term Note or of any other Loan Document which is not of public record and, in the case of any such mutilation, upon surrender and cancellation of the Term Note or other Loan Document, the Borrower will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term Note) and in any event of like tenor.
Appears in 1 contract
Samples: Loan Agreement (MDRNA, Inc.)
Replacement Note. Upon receipt of an appropriate and reasonably acceptable affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of the Term Note or of any other Loan Document which is not of public record and, in the case of any such mutilation, upon surrender and cancellation of the Term such Note or other Loan Document, the Borrower will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term Note) and in any event of like tenor.
Appears in 1 contract
Replacement Note. Upon receipt of an affidavit and indemnity of an officer of the Bank Lender as to the loss, theft, destruction or mutilation of the Term Note or of any other Loan Document security document which is not of public record record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of the Term such Note or other Loan Documentsecurity document, the Borrower will issue, in lieu thereof, a replacement Term Note note or other Loan Document security document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.
Appears in 1 contract
Replacement Note. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of the Term any Note or of any other Loan Document security document which is not of public record andrecord, and in the case of any such mutilation, upon surrender and cancellation of the Term such Note or other Loan Documentsecurity document, the applicable Borrower or Borrowers will issue, in lieu thereof, a replacement Term Note or other Loan Document security document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.. Amended and Restated Loan Agreement Berkshire Bank/Ranor and Stadco
Appears in 1 contract
Samples: Loan Agreement (Techprecision Corp)
Replacement Note. Upon receipt of (i) an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of the Term Note or of any other Loan Document which is not of public record record, and (ii) an indemnity by the Bank in favor of the Borrower with respect to losses, claims or damage resulting therefrom and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of the Term such Note or other Loan Document, the Borrower will issue, in lieu thereof, a replacement Term Note or other Loan Document in the same principal amount (as to the Term Note) thereof and in any event otherwise of like tenor.
Appears in 1 contract
Samples: Loan Agreement (Ipg Photonics Corp)