Common use of Promise to Pay; Promissory Notes Clause in Contracts

Promise to Pay; Promissory Notes. (a) Borrower agrees to pay the Lender Group Expenses on the earlier of (i) the first dayBusiness Day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii)invoiced to Borrower ( so long as such invoice is received by Borrower at least 3 Business Days prior to such date) or (ii) within 3 Business Days after the date on which written demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Borrower promises to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees that its obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 2 contracts

Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, Inc.)

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Promise to Pay; Promissory Notes. (a) Borrower agrees Borrowers agree to pay the Lender Group Expenses on the earlier of (i) the first dayBusiness Day day of the month immediately following the date on which the applicable Lender Group Expenses were first incurred or (ii)invoiced to Borrower ( so long as such invoice is received by Borrower at least 3 Business Days prior to such date) incurred, or (ii) within 3 Business Days after the date on which written demand therefor is made by Agent, in each case, provided that Agent shall endeavor, so long as no Default or Event of Default shall have occurred and be continuing, to provide a reasonably detailed invoice thereof to Borrowers prior to such payment date (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii) of this Section 2.5(a)). Borrower promises Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees Borrowers agree that its their obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 2 contracts

Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.)

Promise to Pay; Promissory Notes. (a) Borrower agrees Borrowers agree to pay the Lender Group Expenses on the earlier of (i) the first dayBusiness Day day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii)invoiced incurred, to Borrower ( so long as the extent that statements for such invoice is received by Lender Group Expenses are provided to Borrower at least 3 2 Business Days prior to such date) in advance of the first day of the applicable month, or (ii) within 3 Business Days 10 days after the date on which written demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Borrower promises Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees Borrowers agree that its their obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 2 contracts

Samples: Credit Agreement (INFINERA Corp), Credit Agreement (INFINERA Corp)

Promise to Pay; Promissory Notes. (a) Borrower agrees The Borrowers agree to pay the Lender Group Expenses of Agent, the Issuing Banks, and the Revolving Lenders on the earlier of (i) the first dayBusiness Day day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii)invoiced to Borrower ( so long as such invoice is received by Borrower at least 3 Business Days prior to such date) and invoiced or (ii) within 3 Business Days after the date on which written demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the applicable Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Borrower promises The Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group ExpensesExpenses of Agent, the Issuing Banks, and the Revolving Lenders)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees The Borrowers agree that its their obligations contained in the int he first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cleveland-Cliffs Inc.)

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Promise to Pay; Promissory Notes. (a) Borrower agrees Borrowers agree to pay the Lender Group Expenses on the earlier of first (i1st) the first dayBusiness Day day of the month following the date on which Borrowers receive an invoice for the applicable Lender Group Expenses were first incurred or (ii)invoiced to Borrower ( so long as from Agent, if the Borrowers receive such invoice is received by Borrower at least 3 Business Days 5 days prior to such date) or (ii) within 3 Business Days after first day of the date on which written demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costsmonth; otherwise, expenses or Borrowers agree to pay the relevant Lender Group Expenses to on the first day of the following month; provided, that Agent may charge the Loan Account pursuant to the provisions of Section 2.6(d2.5(d) for such Lender Group Expenses, and such charging of the Loan Account shall be deemed to constitute a demand for satisfy Borrowers’ payment thereof for the purposes requirement under this first sentence of this subclause (ii)Section 2.4(a). Borrower promises Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees Borrowers agree that its their obligations contained in the first sentence of this Section 2.5(a2.4(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 1 contract

Samples: Credit Agreement (Seventy Seven Energy Inc.)

Promise to Pay; Promissory Notes. (a) Borrower agrees Borrowers agree to pay the Lender Group Expenses on the earlier of first (i1st) the first dayBusiness Day day of the month following the date on which Borrowers receive an invoice for the applicable Lender Group Expenses were first incurred or (ii)invoiced to Borrower ( so long as from Agent, if the Borrowers receive such invoice is received by Borrower at least 3 Business Days five (5) days prior to such date) or (ii) within 3 Business Days after first day of the date on which written demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costsmonth; otherwise, expenses or Borrowers agree to pay the relevant Lender Group Expenses to on the first day of the following month; provided, that Agent may charge the Loan Account pursuant to the provisions of Section 2.6(d2.5(d) for such Lender Group Expenses, and such charging of the Loan Account shall be deemed to constitute a demand for satisfy Borrowers’ payment thereof for the purposes requirement under this first sentence of this subclause (ii)Section 2.4(a). Borrower promises Borrowers promise to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Maturity Date or, if earlier, on the date on which the Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees Borrowers agree that its their obligations contained in the first sentence of this Section 2.5(a2.4(a) shall survive payment or satisfaction in full of all other Obligations.

Appears in 1 contract

Samples: Credit Agreement (Seventy Seven Energy Inc.)

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