Common use of The Swing Line Note Clause in Contracts

The Swing Line Note. The obligation of the Company to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions substantially in the form of Exhibit B attached hereto (the "Swing Line Note"), of even date herewith and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leucadia National Corp)

AutoNDA by SimpleDocs

The Swing Line Note. The obligation of the Company Borrower to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions Borrower substantially in the form of Exhibit B EXHIBIT E-3 attached hereto (the "Swing Line Note"), of even date herewith dated the Closing Date and payable to the order of the Swing Line Bank Agent in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or $20,000,000 and (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank Agent and outstanding thereunderhereunder. The Company Borrower irrevocably authorizes the Swing Line Bank Agent to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the grid attached to such Note Record or the Agent's records reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record grid or such records shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to the Swing Line BankAgent, but the failure to record, or any error in so recording, any such amount on such Note Record or such records shall not limit or otherwise affect the actual amount of the obligations of the Company Borrower hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Staples Inc)

The Swing Line Note. The obligation of the Company to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions substantially in the form of Exhibit B attached hereto (the "Swing Line Note"), of even date herewith and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company Borrower irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due. SECTION 4.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leucadia National Corp)

The Swing Line Note. The obligation of the Company to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions substantially in the form of Exhibit B D attached hereto (the "Swing Line Note"), of even date herewith dated the Effective Date and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (ia) the Maximum Swing Line Loan Amount, or (iib) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Page 50 Swing Line Note, an appropriate notation on the Swing Line Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Swing Line Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Swing Line Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hasbro Inc)

The Swing Line Note. The obligation of the Company to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions substantially in the form of Exhibit B attached hereto (the "Swing Line Note"), of even date herewith and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leucadia National Corp)

The Swing Line Note. The obligation of the Company Borrower to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Credit Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions Borrower substantially in the form of Exhibit B EXHIBIT E-3 attached hereto (the "Swing Line NoteSWING LINE NOTE"), of even date herewith dated the Closing Date and payable to the order of the Swing Line Bank Agent in a principal amount stated to be the lesser of (ia) the Maximum Swing Line Loan Amount, or Sublimit and (iib) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank Agent and outstanding thereunderhereunder. The Company Borrower irrevocably authorizes the Swing Line Bank Agent to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the grid attached to such Note Record or the Agent's records reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record grid or such records shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to the Swing Line BankAgent, but the failure to record, or any error in so recording, any such amount on such Note Record or such records shall not limit or otherwise affect the actual amount of the obligations of the Company Borrower hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Staples Inc)

The Swing Line Note. The obligation of the Company Borrower to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company Borrower with appropriate insertions substantially in the form of Exhibit B A-2 attached hereto (the "Swing Line Note"), of even date herewith dated the Closing Date and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company Borrower irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Note Record of the Swing Line Note reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company Borrower hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Credit Agreement (United States Cellular Corp)

The Swing Line Note. The obligation of the Company to repay the --- ----- ---- ---- ------------------- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions substantially in the form of Exhibit B attached hereto (the "Swing Line Note"), of even date herewith and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company Borrower irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leucadia National Corp)

AutoNDA by SimpleDocs

The Swing Line Note. The obligation of the Company or, solely in the case of Hasbro SA Loans, Hasbro SA to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a separate promissory note notes of the Company or, solely in the case of Hasbro SA Loans, Hasbro SA with appropriate insertions substantially in the form of Exhibit B D attached hereto (the "Swing Line NoteNotes"), of even date herewith dated the Effective Date and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (ia) the Maximum Swing Line Loan Amount, or (iib) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Each of the Company and Hasbro SA irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line NoteNotes, an appropriate notation on the Swing Line Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Swing Line Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Swing Line Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company or, solely in the case of Hasbro SA Loans, Hasbro SA hereunder or under the Swing Line Note Notes to make payments of principal of or interest on the Swing Line Note Notes when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hasbro Inc)

The Swing Line Note. The obligation of the Company Borrower to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions Borrower substantially in the form of Exhibit B E-2 attached hereto (the "Swing Line Note"), of even date herewith dated the Closing Date and payable to the order of the Swing Line Bank BKB in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or $10,000,000 and (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank BKB and outstanding thereunderhereunder. The Company Borrower irrevocably authorizes the Swing Line Bank BKB to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the grid attached to such Note Record or BKB's records reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Note Record grid or such records shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line BankBKB, but the failure to record, or any error in so recording, any such amount on such Note Record or such records shall not limit or otherwise affect the actual amount of the obligations of the Company Borrower hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stride Rite Corp)

The Swing Line Note. The obligation of the Company to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company with appropriate insertions substantially in the form of Exhibit B D attached hereto (the "Swing Line Note"), of even date herewith dated the Effective Date and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (ia) the Maximum Swing Line Loan Amount, or (iib) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunder. The Company irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Swing Line Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Swing Line Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Swing Line Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hasbro Inc)

The Swing Line Note. The obligation of the Company Borrower to repay the --- ----- ---- ---- Swing Line Loans made pursuant to this Agreement and to pay interest thereon as set forth in this Agreement shall be evidenced by a promissory note of the Company Borrower with appropriate insertions substantially in the form of Exhibit B A-2 attached hereto (the "Swing Line Note"), of even date herewith dated the Closing Date and payable to the order of the Swing Line Bank in a principal amount stated to be the lesser of (i) the Maximum Swing Line Loan Amount, or (ii) the aggregate principal amount of Swing Line Loans at any time advanced by the Swing Line Bank and outstanding thereunderhereunder. The Company Borrower irrevocably authorizes the Swing Line Bank to make or cause to be made, at or about the time of the Borrowing Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on the Swing Line Note, an appropriate notation on the Swing Line Note Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such the Swing Line Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Swing Line Bank, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the actual amount of the obligations of the Company Borrower hereunder or under the Swing Line Note to make payments of principal of or interest on the Swing Line Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.