Common use of Working Capital Notes Clause in Contracts

Working Capital Notes. The first sentence of Section 2.01(b) of the Amended and Restated Lessee Working Capital Loan Agreement is hereby amended to read in its entirety as follows: “The Lessee Working Capital Loans made by Lender shall be evidenced by a promissory note of the Lessee in the form of Exhibit A to the First Amendment to Amended and Restated Working Capital Loan Agreement (an “Amended and Restated Lessee Working Capital Note”), dated with the date of execution and delivery thereof, payable to the Lender in an initial principal amount equal to the Lender’s Lessee Working Capital Loan Commitment and otherwise duly completed; provided, however, that all Lessee Working Capital Loans in the form of Lessee Base Rate Loans that are outstanding under the Lessee Working Capital Note immediately prior to the Amendment No. 1 Effective Date (such note, the “Amendment No. 1 Existing Lessee Working Capital Note”) shall be deemed outstanding Lessee Working Capital Loans in the form of Lessee Base Rate Loans under (and all accrued interest thereon, including any interest accrued under the Amendment No. 1 Existing Lessee Working Capital Note shall be payable under) the Amended and Restated Lessee Working Capital Note, subject to the terms and conditions of the Amended and Restated Lessee Working Capital Loan Agreement in effect on and after the Amendment No. 1 Effective Date; and provided further that the Lessee shall have converted all outstanding Lessee Working Capital Loans, if any, that are Lessee Eurodollar Rate Loans to Lessee Base Rate Loans in a timely fashion in accordance with the Amended and Restated Lessee Working Capital Agreement so that on the Amendment No. 1 Effective Date, all outstanding Lessee Working Capital Loans are Lessee Base Rate Loans.”

Working Capital Notes. (a) The first sentence of Section 2.01(b) of the Amended and Restated Lessee Working Capital Loan Agreement is hereby amended to read in its entirety as follows: “The Lessee Working Capital Loans made by Lender each Bank shall be evidenced by a an amended and restated promissory note of the Lessee Company, substantially in the form of Exhibit A A, with appropriate insertions as to the First Amendment to Amended payee, date and Restated Working Capital Loan Agreement principal amount (an “Amended and Restated Lessee Working Capital Note”a "WORKING CAPITAL NOTE"), dated with the date of execution and delivery thereof, payable to the Lender order of such Bank and in an initial a principal amount equal to the Lender’s Lessee lesser of (a) the amount of the initial Working Capital Commitment of such Bank and (b) the aggregate unpaid principal amount of all Working Capital Loans made by such Bank. Each Bank is hereby authorized to record the date, Type and amount of each Working Capital Loan Commitment made by such Bank, each continuation thereof, each conversion of all or a portion thereof to another Type, the date and otherwise duly completed; providedamount of each payment or prepayment of principal thereof and, however, that all Lessee Working Capital Loans in the form case of Lessee Base Rate Loans that are outstanding under the Lessee Working Capital Note immediately prior to the Amendment No. 1 Effective Date (such noteEurodollar Loans, the “Amendment No. 1 Existing Lessee length of each Interest Period with respect thereto, on the schedule annexed to and constituting a part of its Working Capital Note”) , and any such recordation shall be deemed outstanding Lessee Working Capital Loans in constitute PRIMA FACIE evidence of the form accuracy of Lessee Base Rate Loans under (and all accrued interest thereon, including any interest accrued under the Amendment Noinformation so recorded. 1 Existing Lessee Each Working Capital Note shall (x) be payable underdated the Closing Date, (y) be stated to mature on the Amended Commitment Termination Date and Restated Lessee Working Capital Note(z) provide for the payment of interest in accordance with subsection 6.6. (b) Each Bank, subject which is a party to the Existing Agreement, shall, on or before the Closing Date, deliver to the Agent the notes held by such Bank pursuant to the Existing Agreement and the Existing Line Letters, and, on the Closing Date, the Agent shall ▇▇▇▇ each such note so delivered to it "superseded" and turn over all such notes to the Company. Amounts outstanding pursuant to the terms and conditions of the Amended and Restated Lessee Working Capital Loan Existing Agreement in effect shall on and after the Amendment No. 1 Effective Date; and provided further that the Lessee shall have converted all outstanding Lessee Closing Date be deemed to be Working Capital Loans, if any, that are Lessee Eurodollar Rate Loans to Lessee Base Rate Loans in a timely fashion in accordance with Inventory Letters of Credit or Acceptances (as appropriate) hereunder and reduce the Amended and Restated Lessee Available Working Capital Agreement so that Commitment accordingly. The Working Capital Notes delivered pursuant to the terms hereof shall be delivered in substitution and replacement for, but not in payment of, such superseded notes referred to in the immediately preceding sentence. Amounts outstanding under the Existing Line Letters (including, without limitation, any undrawn letters of credit issued pursuant thereto) shall on the Amendment No. 1 Effective Date, all Closing Date be deemed to be outstanding Lessee Working Capital Loans are Lessee Base Rate Loansunder the Line Letters and the Company hereby acknowledges and agrees that as of the Closing Date the Existing Line Letters shall be terminated and have no further force and effect.”