Common use of Variable Funding Notes Clause in Contracts

Variable Funding Notes. The Borrower has heretofore delivered or shall, on the Fifth Amendment Effective Date (and on the terms and subject to the conditions hereinafter set forth), deliver, to each Lender (if requested by such Lender), at the address set forth in Section 11.02, and on the effective date of any Joinder Supplement, to each additional Lender (if requested by such Lender), at the address set forth in the applicable Joinder Supplement, a duly executed variable funding note (each a “Variable Funding Note”), in substantially the form of Exhibit I, in an aggregate face amount equal to the applicable Lender’s Commitment as of the date hereof or the effective date of any Joinder Supplement, as applicable, and otherwise duly completed. Interest shall accrue on the Variable Funding Notes, and the Variable Funding Notes shall be payable, as described herein. On the terms and conditions hereinafter set forth, the Borrower shall deliver on the Fifth Amendment Effective Date to the Swingline Lender, at the applicable address set forth in Section 11.02, a duly executed Swingline Note, in an aggregate face amount equal to the Swingline Commitment as of the Fifth Amendment Effective Date and otherwise duly completed.

Appears in 2 contracts

Sources: Omnibus Amendment (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)