Common use of Promissory Notes Clause in Contracts

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, be evidenced by promissory notes in the form of Exhibit C (each, a “Revolving Note”), payable to such Lender and in the principal amount of such Lender’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, the date and amount of each Loan made by such Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted. Borrower further authorizes each Lender to attach to and make a part of such Lender’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder.

Promissory Notes. (a) The obligation Loans of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, Bank shall be evidenced by promissory notes a single Promissory Note payable to the order of such Bank for the account of its Applicable Lending Office in an amount equal to the aggregate unpaid principal amount of such Bank's Loans. (b) Each Bank may, by notice to the Borrower and the Agent, request that its Loans of a particular type be evidenced by a separate Promissory Note in an amount equal to the aggregate unpaid principal amount of such Loans. Each such Promissory Note shall be in substantially the form of Exhibit C A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant type. Each reference in this Agreement to the "Promissory Note" of such Bank shall be deemed to refer to and include any or all of such Promissory Notes, as the context may require. (each, a “Revolving Note”c) Upon receipt of each Bank's Promissory Note pursuant to Section 3.01(b), payable the Agent shall forward such Promissory Note to such Lender Bank. Each Bank shall record the date, amount, type and in the principal amount maturity of such Lender’s Commitment. The obligation of Borrower to repay the Swingline Loans each Loan made by each Swingline Lender it and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, the date and amount of each Loan payment of principal made by such Lenderthe Borrower with respect thereto, and may, if such Bank so elects in connection with any transfer or enforcement of its Promissory Note, endorse on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each payment such Loan then outstanding; provided that the failure of any Bank to make any such recordation or prepayment of principal thereunder and agrees that all such notations endorsement shall constitute prima facie evidence not affect the obligations of the matters notedBorrower hereunder or under the Promissory Notes. Each Bank is hereby irrevocably authorized by the Borrower further authorizes each Lender so to endorse its Promissory Note and to attach to and make a part of such Lender’s its Promissory Note continuations a continuation of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunderschedule as and when required.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, be evidenced by promissory notes in the form of Exhibit C (each, a “Revolving Note”), payable to such Lender and in the principal amount of such LenderXxxxxx’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower Xxxxxxxx authorizes each Lender to record on the schedule annexed to such LenderXxxxxx’s Note, and/or in such LenderXxxxxx’s internal records, the date and amount of each Loan made by such LenderXxxxxx, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted. Borrower Xxxxxxxx further authorizes each Lender to attach to and make a part of such LenderXxxxxx’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder.

Promissory Notes. The obligation of Borrower to repay the Term Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B (eachindividually, a “Revolving "Note”" and, collectively, the "Notes"), each payable to the order of such requesting Lender and in the principal amount of such Lender’s 's Term Loan Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each such requesting Lender to record on the schedule annexed to such Lender’s 's Note, and/or in such Lender’s internal records, the date and amount of each the Term Loan made by such requesting Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of Administrative Agent and any Lender's records or Note, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower further authorizes each such requesting Lender to attach to and make a part of such requesting Lender’s 's Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation 's obligations to repay the full unpaid principal amount of the Term Loans or the duties of Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Term Loans, the Lenders holding such Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrower.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, be evidenced by promissory notes in the form of Exhibit C B (each, a “Revolving Note”), payable to such Lender and in the principal amount of such Lender’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D C (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, the date and amount of each Loan made by such Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted. Borrower further authorizes each Lender to attach to and make a part of such Lender’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder.

Promissory Notes. The obligation of Borrower to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in substantially the form of Exhibit C B (eachindividually, a “Revolving Note” and, collectively, the “Notes”), each payable to such requesting Lender or its registered assigns and in the principal amount of such Lender’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each such requesting Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, Note the date and amount of each Loan made by such Lender, requesting Lender and each payment or prepayment of principal thereunder thereunder, and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of Administrative Agent and any Lender’s records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower further authorizes each such requesting Lender to attach to to, and make a part of of, such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans the Lenders holding such Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrower.

Promissory Notes. The obligation of Borrower to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B (eachindividually, a “Revolving Note” and, collectively, the “Notes”), each payable to such requesting Lender and in the principal amount of such requesting Lender’s Loan Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each such requesting Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal recordsNote or Notes, the date and amount of each Loan made by such requesting Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters notednoted absent manifest error; provided, that in the event of any inconsistency between the records or books of Administrative Agent and any Lender’s records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower further authorizes each such requesting Lender to attach to and make a part of such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder. Upon Termination, the Lenders holding Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrower.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender a Bank and to pay interest thereon at the rates provided herein shall, upon the written request of any Lendersuch Bank, be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving "Note”)" and, collectively, the "Notes") payable to the order of such Lender requesting Bank and in the principal amount of such Lender’s Commitment. The obligation of Borrower to repay Bank's Senior Loan Commitment or outstanding Loan balance, as the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimitcase may be. Borrower authorizes each Lender such requesting Bank to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal recordsBank's Note or Notes, the date and amount of each Loan made by such Lenderrequesting Bank, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of Administrative Agent and any Bank's records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower further authorizes each Lender such requesting Bank to attach to and make a part of such Lender’s requesting Bank's Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation 's obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans, and upon the request of Borrower, the Banks holding such Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrower.

Promissory Notes. (a) The obligation of the Borrower to repay the Construction Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, shall if requested by such Lender be evidenced by Construction Loan promissory notes in the form of Exhibit C C-1 (eachindividually, a “Revolving Construction Loan Note” and, collectively, the “Construction Loan Notes”), each payable to such Lender or its registered successors or assigns and in the principal amount of such Lender’s Construction Loan Commitment. . (b) The obligation of the Borrower to repay the Swingline Term Loans made by each Swingline Lender and to pay all interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, shall if requested by such Lender be evidenced by a Term Loan promissory note notes substantially in the form of Exhibit D C-2 (eachindividually, a “Swingline Term Loan Note” and, collectively, the “Term Loan Notes”; ), each payable to such Lender or its registered successors or assigns and in the principal amount of such Lender’s Term Loan Commitment. Such Term Loan Notes shall be delivered to each Revolving Note applicable Lender on or prior to the Term Conversion Date. (c) The obligation of the Borrower to repay the LC Loans made by each Issuing Bank and Swingline Noteto pay all interest thereon at the rates provided herein shall if requested by such Issuing Bank be evidenced by an LC Loan promissory note substantially in the form of Exhibit C-3 (the, a “LC Loan Note”), payable to such Swingline Lender Issuing Bank or its registered successors or assigns and in the principal amount of the Swingline Sublimit. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, LC Commitment. The LC Loan Notes shall be delivered to each applicable Issuing Bank on or prior to the date and amount of each Loan made by such Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence issuance of the matters noted. Borrower further authorizes each Lender to attach to and make a part applicable Letter of such Lender’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunderCredit.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shallherein, upon the written request of if requested by any Lender, shall be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving Construction Loan Note,” and collectively, the “Construction Loan Notes”), Exhibit B-2 (individually, a “Term Loan Note,” and collectively, the “Term Loan Notes”), Exhibit B-3 (individually, an “Equity Bridge Loan Note,” and collectively, the “Equity Bridge Loan Notes”), and each payable to the order of such Lender and in the principal amount of such Lender’s Construction Loan Commitment, such Lender’s Term Loan Commitment and such Lender’s Equity Bridge Loan Commitment, respectively. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a A promissory note shall not be necessary in order to evidence any DSRA LC Loan or the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline SublimitEnergy Hedge LC Loans. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, Note or Notes the date and amount of each Loan made by such Lender, Lender and each payment or prepayment of principal thereunder thereunder, provided that in the event of any inconsistency between the Register and agrees any Lender’s records, the recordations in the Register shall govern; and provided, further that all neither the failure to make any such notations notation nor any error in such notation shall constitute prima facie evidence affect the validity of any Lender’s Commitment or Borrower’s obligations to repay the full unpaid principal amount of the matters notedLoans or the other obligations of Borrower hereunder or under the Notes. Borrower further authorizes each Lender to attach to and make a part of such Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure A promissory note shall not be necessary in order to make evidence any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans DSRA LC Loan or the duties of Borrower hereunder or thereunderEnergy Hedge LC Loan.

Promissory Notes. The obligation of the Borrower to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving Term Note” and, collectively, the “Term Notes”) and Exhibit B-2 (individually, a “DSR Note” and, collectively, the “DSR Notes”), each payable to such requesting Lender or its registered assigns and in the principal amount of such Lender’s (i) Term Loan Commitment and Incremental Term Loan Commitment, with respect to the Term Notes, or (ii) DSR Loan Commitment, with respect to the DSR Notes. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each such requesting Lender to record on the schedule annexed to such LenderXxxxxx’s Note, and/or in such Lender’s internal records, Note or Notes the date and amount of each Loan made by such Lender, requesting Lender and each payment or prepayment of principal thereunder thereunder, and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of the Administrative Agent and any Xxxxxx’s records or Notes, the records of the Administrative Agent shall be conclusive and binding in the absence of manifest error. The Borrower further authorizes each such requesting Lender to attach to to, and make a part of of, such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of the Borrower’s obligation obligations to repay the full unpaid principal amount of the Loans or the duties of the Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans the Lenders holding such Notes shall promptly mark the applicable Notes cancelled and return such cancelled Notes to the Borrower.

Promissory Notes. The obligation of Borrower Co-Borrowers to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B‑1 (eachindividually, a “Revolving Construction Note” and, collectively, the “Construction Notes”) and Exhibit B-2 (individually, a “Term Note” and, collectively, the “Term Notes”), each payable to such requesting Lender or its registered assigns and in the principal amount of such Lender’s Construction Loan Commitment or Term Loan Commitment, respectively. The obligation of Borrower to repay the Swingline Loans made by Co-Borrowers authorize each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each requesting Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal recordsNote or Notes, the date and amount of each Loan made by such requesting Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of Administrative Agent and any Lender’s records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower Co-Borrowers further authorizes authorize each such requesting Lender to attach to and make a part of such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation Co-Borrowers’ obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower Co-Borrowers hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans, or in the case of Construction Loans, upon Term Conversion, the Lenders holding such Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Co-Borrowers. Term Notes (if any) shall be delivered to the applicable Term Lenders on the Term Conversion Date in accordance with Section 3.3.8.

Promissory Notes. The obligation of the Borrower to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving Term Note” and, collectively, the “Term Notes”) and Exhibit B-2 (individually, a “DSRRevolving Loan Note” and, collectively, the “DSRRevolving Loan Notes”), each payable to such requesting Lender or its registered assigns and in the principal amount of such Lender’s (i) Term Loan Commitment and Incremental Term Loan Commitment, with respect to the Term Notes, or (ii) DSRRevolving Loan Commitment, with respect to the DSRRevolving Loan Notes. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each such requesting Lender to record on the schedule annexed to such LenderXxxxxx’s Note, and/or in such Lender’s internal records, Note or Notes the date and amount of each Loan made by such Lender, requesting Lender and each payment or prepayment of principal thereunder thereunder, and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of the Administrative Agent and any Xxxxxx’s records or Notes, the records of the Administrative Agent shall be conclusive and binding in the absence of manifest error. The Borrower further authorizes each such requesting Lender to attach to to, and make a part of of, such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of the Borrower’s obligation obligations to repay the full unpaid principal amount of the Loans or the duties of the Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans the Lenders holding such Notes shall promptly mark the applicable Notes cancelled and return such cancelled Notes to the Borrower.

Promissory Notes. The obligation of Borrower Borrowers to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Construction Note” and, collectively, the “Construction Notes”), Exhibit B-2 (individually, a “Term Note” and, collectively, the “Term Notes”), Exhibit B-3 (individually, a “Renegy Term Note” and, collectively, the “Renegy Term Notes”), Exhibit B-4 (individually, a “Revolving Note” and, collectively, the “Revolving Notes”), and Exhibit B-5 (individually, a “LC Loan Note” and, collectively, the “LC Loan Notes”) each payable to the order of such requesting Lender and in the principal amount of such Lender’s Construction Loan Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender , Term Loan Commitment, Renegy Term Loan Commitment, Revolving Loan Commitment, and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount component of the Swingline SublimitLC Commitment respectively. Borrower authorizes Borrowers authorize each such requesting Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal recordsNote or Notes, the date and amount of each Loan made by such requesting Lender, and each payment or prepayment of principal thereunder and agrees agree that all such notations shall constitute prima facie evidence of the matters noted; provided, that in the event of any inconsistency between the records or books of Administrative Agent and any Lender’s records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower Borrowers further authorizes authorize each such requesting Lender to attach to and make a part of such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation Borrowers’ obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower Borrowers hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the applicable Loans, or in the case of Construction Notes, upon Term-Conversion, the Lenders holding Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrowers.

Promissory Notes. The obligation of Borrower to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving "Construction Note”" and, collectively, the "Construction Notes"), Exhibit B-2 (individually, a "Term Note" and, collectively, the "Term Notes") and Exhibit B-6 (individually, a "Security Fund LC Loan Note" and, collectively, the "Security Fund LC Loan Notes"), each payable to the order of such requesting Lender and in the principal amount of such Lender’s 's Construction Loan Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender , Term Loan Commitment and to pay interest thereon at the rates provided herein shallSecurity Fund LC Commitment, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimitrespectively. Borrower authorizes each such requesting Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records's Note or Notes, the date and amount of each Loan made by such requesting Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of Administrative Agent and any Lender's records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower further authorizes each such requesting Lender to attach to and make a part of such requesting Lender’s 's Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation 's obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans, or in the case of Construction Notes, upon Term-Conversion, the Lenders holding such Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrower.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, be evidenced by promissory notes in the form of Exhibit C (each, a “Revolving Note”), payable to such Lender and in the principal amount of such Lender’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, the date and amount of each Loan made by such Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie As additional evidence of the matters noted. Borrower further authorizes each Lender to attach to and make a part of such Lender’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid Loan principal and any interest thereon, at the Lender’s request the Borrower shall execute and deliver to the Lender, 9 (nine) Notes issued by the Borrower in Spanish, in substantially the form set forth in Exhibit II hereto, together with an English translation thereof, and each for a principal amount equal to each principal installment (as detail in the amortization schedule set forth in Section 3.01), increased in the amount required to cover the stamp tax corresponding to each Note (which shall be at the Borrower’s exclusive cost and expense, and will be paid by the Lender in the event the Lender is required by the tax authorities or if applicable in the event of electing to enforce of the Loans Notes). The Notes shall be duly completed and signed by an attorney-in-fact or agent duly acting on behalf of Borrower, and such signature and capacity shall be duly certified by a notary public. The execution and delivery by the duties Borrower of the Notes shall not affect in any way whatsoever the Borrower’s obligations hereunder, neither the Lender’s rights and claims hereunder. Upon discharge of all the obligations of the Borrower hereunder under this Agreement, the Lender shall cancel and return to Borrower the Notes. The Lender agrees that, notwithstanding any provision of the Notes held by it, it shall not demand payment of any amount under such Notes unless such amount is then due and payable (whether at stated maturity, by acceleration or thereunderotherwise) by the Borrower in accordance with the terms of this Agreement.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, be evidenced by promissory notes in the form of Exhibit C (each, a “Revolving Note”), payable to such Lender and in the principal amount of such LenderXxxxxx’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower Xxxxxxxx authorizes each Lender to record on the schedule annexed to such LenderXxxxxx’s Note, and/or in such LenderXxxxxx’s internal records, the date and amount of each Loan made by such LenderXxxxxx, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted. Borrower Xxxxxxxx further authorizes each Lender to attach to and make a part of such LenderXxxxxx’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shallherein, upon the written request of if requested by any Lender, shall be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving Construction Loan Note,” and collectively, the “Construction Loan Notes”) and Exhibit B-2 (individually, a “Term Loan Note,” and collectively, the “Term Loan Notes”), and each payable to the order of such Lender and in the principal amount of such Lender’s Construction Loan Commitment and such Lender’s Term Loan Commitment, respectively. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a A promissory note shall not be necessary in the form of Exhibit D (eachorder to evidence any Cash Collateral Loan, a “Swingline Note”; and each Revolving Note and Swingline NoteDSRA LC Loan, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline SublimitEnergy Hedge LC Loan or any Project Agreement LC Loan. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, Note or Notes the date and amount of each Loan made by such Lender, Lender and each payment or prepayment of principal thereunder thereunder, provided that in the event of any inconsistency between the Register and agrees any Lender’s records, the recordations in the Register shall govern; and provided, further that all neither the failure to make any such notations notation nor any error in such notation shall constitute prima facie evidence affect the validity of any Lender’s Commitment or Borrower’s obligations to repay the full unpaid principal amount of the matters notedLoans or the other obligations of Borrower hereunder or under the Notes. Borrower further authorizes each Lender to attach to and make a part of such Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder.

Promissory Notes. The obligation of Borrower to repay the Loans made by each a Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any such Lender, be evidenced by promissory notes in the form of Exhibit C B-1 (eachindividually, a “Revolving Term Note” and, collectively, the “Term Notes”), Exhibit B-3 (individually, a “Security Fund LC Loan Note” and, collectively, the “Security Fund LC Loan Notes”), and Exhibit B-5 (individually, a “DSR LC Note” and, collectively, the “DSR LC Notes”), each payable to the order of such requesting Lender and in the principal amount of such Lender’s Term Loan Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline LenderSecurity Fund LC Commitment or DSR LC Commitment, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimitrespectively. Borrower authorizes each such requesting Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal recordsNote or Notes, the date and amount of each Loan made by such requesting Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted; provided that in the event of any inconsistency between the records or books of Administrative Agent and any Lender’s records or Notes, the records of Administrative Agent shall be conclusive and binding in the absence of manifest error. Borrower further authorizes each such requesting Lender to attach to and make a part of such requesting Lender’s Note or Notes continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations notations, shall affect the validity of Borrower’s obligation obligations to repay the full unpaid principal amount of the Loans or the duties of Borrower hereunder or thereunder. Upon the payment in full in cash of the aggregate principal amount of, and all accrued and unpaid interest on, the Loans, the Lenders holding such Notes shall promptly xxxx the applicable Notes cancelled and return such cancelled Notes to Borrower.

Promissory Notes. The obligation of Borrower to repay the Loans made by each Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Lender, be evidenced by promissory notes in the form of Exhibit C (each, a “Revolving Note”), payable to such Lender and in the principal amount of such Lender’s Commitment. The obligation of Borrower to repay the Swingline Loans made by each Swingline Lender and to pay interest thereon at the rates provided herein shall, upon the written request of any Swingline Lender, be evidenced by a promissory note in the form of Exhibit D (each, a “Swingline Note”; and each Revolving Note and Swingline Note, a “Note”), payable to such Swingline Lender and in the principal amount of the Swingline Sublimit. Borrower authorizes each Lender to record on the schedule annexed to such Lender’s Note, and/or in such Lender’s internal records, the date and amount of each Loan made by such Lender, and each payment or prepayment of principal thereunder and agrees that all such notations shall constitute prima facie evidence of the matters noted. Borrower further authorizes each Lender to attach to and make a part of such Lender’s Note continuations of the schedule attached thereto as necessary. No failure to make any such notations, nor any errors in making any such notations shall affect the validity of Borrower’s obligation to repay the full unpaid Loan will be evidenced by Promissory Notes in favor of each Lender. The Advances made by each Lender shall be evidenced by a single Promissory Note, dated, in the case of (i) any Lender party hereto as of the date of this Agreement, or (ii) any Lender that becomes a party hereto pursuant to an assignment, as of the effective date of the assignment, payable to the order of such Lender in a principal amount equal to its commitment as in effect on such date, and otherwise duly completed. In the event that any Lender’s commitment increases or decreases for any reason, the Borrower shall deliver or cause to be delivered on the effective date of such increase or decrease (and upon the surrender of any then existing Promissory Note evidencing the same obligation), a new Promissory Note payable to the order of such Lender in a principal amount equal to its commitment after giving effect to such increase or decrease, and otherwise duly completed. The date, amount, interest rate of each Advance made by each Lender, and all payments made on account of the Loans principal thereof, shall be recorded by such Lender on its books for its Promissory Note, and, prior to any transfer, may be endorsed by such Lender on a schedule attached to such Promissory Note or any continuation thereof or on any separate record maintained by such Lender. Failure to make any such notation or to attach a schedule shall not affect any Lender’s or Borrower’s rights or obligations in respect of such Advances or affect the duties validity of Borrower hereunder or thereundersuch transfer by any Lender of its Promissory Note.