Tranche B Notes. Upon the request of any Tranche B Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Tranche B Lender (through the Administrative Agent) a promissory note, substantially the form of Exhibit 2.4(f), which shall evidence such Tranche B Lender’s Tranche B Loans in addition to such accounts or records.
Tranche B Notes. Each Tranche B Loan shall be evidenced by a Tranche B Note of the Company substantially in the form of Exhibit B (each such note, a "Tranche B Note"), dated the Closing Date in a principal amount equal to the initial principal amount of such Tranche B Loan, duly executed and delivered by the Company and payable to the Lender of such Tranche B Loan.
Tranche B Notes. Administrative Agent shall preserve registration books identifying each Tranche B Lender's interest in the Tranche B Notes and a list of the names and addresses of the holders of the Tranche B Notes, which register and list shall be available to each Party hereto or their respective representatives for inspection (the "Register"). Ownership of the Tranche B Notes shall be proved by the Register. No transfer by any holder of a Tranche B Note or any portion thereof shall be effective unless and until such transfer is made upon the registration books maintained by Administrative Agent. Prior to due presentment for registration of transfer of any Tranche B Note, Administrative Agent, Collateral Agent, Lessee and Lessor shall deem and treat the Person in whose name any Tranche B Note is registered as the absolute owner of such Tranche B Note for the purpose of receiving payment of principal of, and Breakage Costs, if any, and interest on such Tranche B Note and for all other purposes -69- 71 whatsoever, whether or not such Tranche B Note is overdue, and neither Administrative Agent, Collateral Agent, Lessor, nor Lessee shall be affected by any notice to the contrary.
Tranche B Notes. On April 1, 2006 and on each April 1 thereafter to and including April 1, 2011, the Company will prepay $3,000,000 principal amount (or such lesser principal amount as shall then be outstanding) of the Tranche B Notes at par and without payment of the Make-Whole Amount or any premium. The entire remaining principal amount of the Tranche B Notes shall become due and payable on April 1, 2012. For purposes of this Section 4(a)(ii), any prepayment of less than all of the outstanding Tranche B Notes pursuant to Section 4(c) shall be deemed to be applied first to the amount of principal scheduled to be repaid on April 1, 2012, and then to the remaining scheduled principal payments, if any, in inverse chronological order.
Tranche B Notes. The Lender hereby agrees, subject to the terms and conditions of this Loan Agreement, to lend to the Borrowers, and the Borrowers hereby agree to borrow from the Lender, at the Closing $10,000,000 principal amount of the Tranche B Notes at par. The Holders of the Tranche B Notes shall have certain registration rights as provided in the Registration Rights Agreement.
Tranche B Notes. On November 30, 2020 and on each November 30 thereafter to and including November 30, 2023, the Company will prepay $7,000,000 principal amount (or such lesser principal amount as shall then be outstanding) of the Tranche B Notes at par and without payment of the Make-Whole Amount or any premium. The entire unpaid principal amount of the Tranche B Notes shall become due and payable on November 30, 2024. Upon any partial prepayment or purchase of the Tranche B Notes pursuant to Section 8.2, Section 8.5 or Section 8.7, the principal amount of each required prepayment of the Tranche B Notes becoming due under this Section 8.1(b) on and after the date of such prepayment or purchase shall be reduced in the same proportion as the aggregate unpaid principal amount of the Tranche B Notes is reduced as a result of such prepayment or purchase.
Tranche B Notes. The sale and purchase of the Tranche B Notes to be purchased by each Purchaser shall occur at the offices of Xxxxxxx and Xxxxxx LLP, 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 at 9:00 a.m. Central time, at a closing (the “Second Closing”) on March 1, 2010 or on such other Business Day thereafter on or prior to June 30, 2010 as designated by the Company in a written notice furnished to the Purchasers of the Tranche B Notes at least 10 Business Days’ prior to the Second Closing Date. On the Second Closing Date, the Company will deliver to each Purchaser the Tranche B Notes to be purchased by such Purchaser in the form of a single Tranche B Note (or such greater number of Tranche B Notes in denominations of at least $50,000 as such Purchaser may request) dated the date of the Second Closing Date and registered in such Purchaser’s name (or in the name of such Purchaser’s nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer of immediately available funds for the account of the Company to an account specified pursuant to Section 4.10 hereof. If, on the Second Closing Date, the Company shall fail to tender such Tranche B Notes to any Purchaser as provided above in this Section 3(b), or any of the conditions specified in Section 4 shall not have been fulfilled to any Purchaser’s satisfaction, such Purchaser shall, at such Purchaser’s election, be relieved of all further obligations under this Agreement, without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment.
Tranche B Notes. The obligation of Borrower to repay to each Lender the aggregate amount of all Tranche B Loans made by such Lender, together with interest accruing in connection therewith, shall be evidenced by a single promissory note (such Lender’s “Tranche B Note”) made by Borrower payable to the order of such Lender in the form of Exhibit A-2 with appropriate insertions. The amount of principal owing on any Lender’s Tranche B Note at any given time shall be the aggregate amount of all Tranche B Loans theretofore made by such Lender minus all payments of principal theretofore received by such Lender on such Tranche B Note. Interest on each Tranche B Note shall accrue and be due and payable as provided herein and therein. The entire unpaid principal balance of the Tranche B Loans and all interest accrued thereon shall be due and payable in full on the Tranche B Commitment Termination Date.
Tranche B Notes. On April 17, 2016 and on each April 17 thereafter to and including April 17, 2019, the Company will prepay $9,000,000 principal amount (or such lesser principal amount as shall then be outstanding) of the Tranche B Notes at par and without payment of the Make-Whole Amount or any premium. The entire remaining principal amount of the Tranche B Notes shall become due and payable on April 17, 2020. For purposes of this Section 8.1(b), any prepayment of less than all of the outstanding Tranche B Notes pursuant to Section 8.2 shall be deemed to be applied first to the amount of principal scheduled to be repaid on April 17, 2020, and then to the remaining scheduled principal payments, if any, in inverse chronological order.
Tranche B Notes. Each Tranche B Holder severally agrees, on the terms and conditions set forth in this Agreement, to purchase a single Tranche B Note from Savia on the Closing Date in an amount not to exceed such Tranche B Holder's Tranche B Commitment. The Issuance of Tranche B Notes shall be made to the several Tranche B Holders ratably in proportion to their respective Tranche B Commitments.
