Common use of USING THE ACCOUNT Clause in Contracts

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans.” Loan requests shall be sent to the Borrower’s Xxxxxx Account Officer, via a Borrowing Notice, in the form of Exhibit A attached hereto. Such notice shall be given on a Business Day and must be received by the Bank prior to 3:00 p.m. Chicago time on the date any requested Loan is to be made. Loan proceeds shall be credited as directed by a Master Letter of Direction, of even date herewith or as it may be amended hereafter, from the Borrower. The amount of each Loan requested shall be at least the minimum amount shown above, and the Bank shall have the right to refuse to honor any Loan requested by the Borrower which is less than that minimum amount, even if the Bank has previously honored a Loan request for less than the minimum amount. The Borrower shall not request any Loan which, when taken together with Loans then outstanding, would exceed the Maximum Credit. All Loans shall be made against and evidenced by the Borrower’s promissory note payable to the order of the Bank in the principal amount of $50,000,000, such note to be in the form of Exhibit B attached hereto (the “Note”). The Bank agrees that, notwithstanding the principal amount of the Note stated on its face, the Note shall evidence only the actual unpaid principal balance of Loans made under the Loan Account. The Borrower agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Bank on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans.” Loan requests shall be sent to the Borrower’s Xxxxxx Account Officer, via a Borrowing Notice, in the form of Exhibit A attached hereto. Such notice shall Officer and may be given on a Business Day and must be received made by the Bank prior to 3:00 p.m. Chicago time on the date any requested Loan is to be madewriting or by telephone. Loan proceeds shall be credited as to the Borrower’s deposit account no. 0000000 at the Bank unless the Bank is otherwise directed by a Master Letter of Direction, of even date herewith or as it may be amended hereafter, special written directions from the BorrowerBorrower acceptable to the Bank. The amount of each Loan requested shall be at least the minimum amount shown above, ; and the Bank shall have the right to refuse to honor any Loan requested by the Borrower which is less than that minimum amount, even if the Bank has previously honored a Loan request for less than the minimum amount. Each Loan shall initially constitute part of the Prime Rate Portion (as described in Section 2(a) below) except to the extent the Borrower has otherwise timely elected that such Loan, or any part thereof, constitutes part of a Fixed Rate Portion as provided in Section 2 below. The Borrower shall not request any Loan which, when taken together with Loans then outstanding, would exceed the Maximum Credit. As of the time of the making of each Loan hereunder: (a) each of the representations and warranties set forth in Section 5 below and in the Collateral Documents shall be true and correct in all material respects as of such time; and (b) the Borrower shall be in compliance with all of the terms and conditions of this Agreement and the Collateral Documents, and no Default or any event or condition which with notice or lapse of time, or both, would constitute a Default shall have occurred and be continuing or would occur as a result of making such Loan. The Borrower’s request for any Loan shall constitute its warranty as to the facts specified above. All Loans shall be made against and evidenced by the Borrower’s promissory note payable to the order of the Bank in the principal amount of $50,000,00045,000,000, such note to be in the form of Exhibit B A attached hereto (the “Note”). The Bank agrees that, notwithstanding the principal amount of the Note stated on its face, the Note shall evidence only the actual unpaid principal balance of Loans made under the Loan Account. The Borrower agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Bank on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans.” ”. Loan requests must be by telephone and confirmed in writing (including by facsimile) and shall be sent to the BorrowerCompany’s Xxxxxx Bank of Montreal Account Officer, via a Borrowing Notice, in the form of Exhibit A attached hereto. Such notice shall be given on a Business Day and must be received by the Bank prior to 3:00 Officer or Client Services Officer no later than 1:00 p.m. Chicago time on the date any requested Loan is of the proposed borrowing in order to be madehonored the same day. Loan proceeds shall be credited as to the Company’s deposit account at the Bank unless the Bank is directed otherwise by a Master Letter of Direction, of even date herewith or as it may be amended hereafter, special written directions from the BorrowerCompany. The amount of each Loan requested shall be at least the minimum amount shown above, and the Bank shall have the right to refuse to honor any Loan requested by the Borrower Company which is less than that minimum amount, even if the Bank has previously honored a Loan request for less than the minimum amount. The Borrower Company shall not request any Loan which, when taken together with the Loans then outstanding, would exceed the Maximum Credit. The Company shall furnish to the Bank certificates in the form of Exhibit A attached to the Guaranty described in Section 4 hereof at the times set forth in the Guaranty, properly completed and duly certified by Sun Capital Partners V, L.P. (the “Guarantor”). Loans will be made available from the Loan Account subject to the Bank’s approval on a case-by-case basis as and when Loans are requested by the Company. All Loans shall be made against and evidenced by the BorrowerCompany’s promissory note payable to the order of the Bank in the principal amount of $50,000,000370,000,000, such note to be in the form of Exhibit B A attached hereto (the “Note”). The Bank agrees that, that notwithstanding the fact that the Note is in the principal amount of the Note stated on its face$370,000,000, the Note it shall evidence only the actual unpaid principal balance of Loans made under the Loan AccountAccount and issued pursuant hereto. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Bank on its books and records or, at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Bank shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Bank to record any of the foregoing shall not limit or otherwise affect the obligation of the Company to repay the principal amount of the Note together with accrued interest thereon. The Borrower Bank agrees that if it transfers or assigns the Note, the Bank will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Company agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Bank on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note, absent manifest error.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans.” Loan requests shall be sent to the BorrowerCustomer’s Xxxxxx Account Officer, via a Borrowing Notice, in the form of Exhibit A attached hereto. Such notice shall Officer and may be given on a Business Day and must be received made by the Bank prior to 3:00 p.m. Chicago time on the date any requested Loan is to be madewriting or by telephone. Loan proceeds shall be credited as to the Customer’s deposit account at the Bank unless the Bank is otherwise directed by a Master Letter of Direction, of even date herewith or as it may be amended hereafter, special written directions from the BorrowerCustomer. The amount of each Loan requested shall be at least the minimum amount shown above, and the Bank shall have the right to refuse to honor any Loan requested by the Borrower Customer which is less than that minimum amount, even if the Bank has previously honored a Loan request for less than the minimum amount. Each Loan shall initially constitute part of the Prime Rate Portion (as described in paragraph no. 2(a) below) except to the extent the Customer has otherwise timely elected that such Loan, or any part thereof, constitutes part of a Fixed Rate Portion as provided in paragraph 2 below. The Borrower Customer shall not request any Loan which, when taken together with Loans then outstanding, would exceed the Maximum Credit. All Loans shall be made against and evidenced by the BorrowerCustomer’s promissory note payable to the order of the Bank in the principal amount of $50,000,000, 40,000,000.00 such note to be in the form of Exhibit B A attached hereto (the “Note”). The Bank agrees that, that notwithstanding the fact that the Note is in the principal amount of the Note stated on its face$40,000,000.00, the Note it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account. The Borrower Bank agrees that if it transfers or assigns the Note, the Bank will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Customer agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Bank on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note.