Unregistered Notes. The Term Loans made by each Lender shall be ------------------ evidenced by a single promissory note of the Borrower in substantially the form of Exhibit D hereto, dated the Third Restatement Date, payable to the order of --------- such Lender in a principal amount equal to its Term Loans Commitment as originally in effect and otherwise duly completed. The Revolving Credit Loans made by each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit C hereto, dated the Third --------- Restatement Date, payable to the order of such Lender in a principal amount equal to its Revolving Credit Loans Commitment as originally in effect and otherwise duly completed. The Acquisition Loans made by each Lender shall be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit A hereto, dated the Third Restatement Date, payable to the order of --------- such Lender in a principal amount equal to its Acquisition Loans Commitment as originally in effect and otherwise duly completed. Each Lender is hereby authorized by the Borrower to endorse on the schedule (or a continuation thereof) attached to each Note of such Lender, to the extent applicable, the date, amount and Type of and the Interest Period for each Loan made by such Lender to the Borrower hereunder (or under the Original Agreement, the First Restated Agreement or the Second Restated Agreement) and the amount of each payment or prepayment of principal of such Loan received by such Lender, provided that any failure by such Lender to make any such endorsement shall not affect the obligations of the Borrower under such Note or this Agreement in respect of such Loan.
Unregistered Notes. Simultaneously with the making of the initial Loans on the Closing Date, the Unregistered Notes shall be issued, and the Borrower shall receive gross proceeds of not less than $430 million therefrom, substantially on the terms set forth in the Senior Unsecured Note Offering Memorandum.
Unregistered Notes. The Loans made by each Lender shall be evidenced by a single promissory note of F.Y.I. in substantially the form of Exhibit B hereto, dated the Closing Date, payable to the order of such Lender in a principal amount equal to its Commitment (as originally in effect or thereafter increased) and otherwise duly completed; provided, however, that the Swingline Advances made by Paribas shall be evidenced by a single promissory note of F.Y.I. in the maximum original principal amount of $1,000,000 payable to the order of Paribas in substantially the form of Exhibit D hereto, dated the Closing Date. Each Lender is hereby authorized by F.Y.I. to endorse on the schedule (or a continuation thereof) attached to the Note of such Lender, to the extent applicable, the date, amount and Type of and the Interest Period for each Loan made by such Lender to F.Y.I. and the amount of each payment or prepayment of principal of such Loan received by such Lender, provided that any failure by such Lender to make any such endorsement shall not affect the obligations of F.Y.I. under such Note or this Agreement in respect of such Loan.
Unregistered Notes. Neither the registration of the Notes under the Securities Act, nor the qualification of an indenture under the Trust Indenture Act of 1939, as amended, is required for the offer and sale of the Notes in the manner contemplated by this Agreement; provided that in giving this representation, Owner is also relying on the Note Purchasers' representations in Section 6.2 and the Placement Agent's representations made to Owner.
