Common use of The Revolving Credit Notes Clause in Contracts

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 3 contracts

Samples: Gold Consignment Agreement (Commemorative Brands Inc), Consignment Agreement (Marks Bros Jewelers Inc), Loan and Gold Consignment Agreement (Commemorative Brands Inc)

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The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsNotes. One A Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a an aggregate principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowCommitment. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit NoteNotes, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc), Credit Agreement (Sovran Self Storage Inc), Credit Agreement (Sovran Acquisition LTD Partnership)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing ------- - Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar Bank's Lender’s Commitment to make Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest and other amounts accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lender’s Revolving Credit Note, an appropriate notation on such Dollar Bank's Lender’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lender’s Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lender’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Credit Agreement (Seacastle Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B attached hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. One A Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment Amount or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus PLUS interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be mademake, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on the Record attached to such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Staples Inc), Revolving Credit Agreement (Staples Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A-1 hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Hvide Marine Inc), Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence evidence, absent manifest error, of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus PLUS interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence PRIMA FACIE evidence, absent manifest error, of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsNotes. One A Revolving Credit Note shall be payable to the order of each Dollar Bank Revolving Credit Lender in a an aggregate principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Lender’s Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowCommitment. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lender’s Revolving Credit NoteNotes, an appropriate notation on such Dollar Bank's Lender’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lender’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lender’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Revolving Credit Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Life Storage Lp), Assignment and Assumption Agreement (Sovran Self Storage Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E EXHIBIT A-1 hereto (each a "Revolving Credit Note"), ) dated as of the Closing Date (or such other date on which a Person may become a party hereto in accordance with ss.18 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankRevolving Credit Lender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record record shall in the absence of manifest error be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations obligation of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Nationsrent Inc), Credit and Term Loan Agreement (Nationsrent Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Revolving Credit Commitment or, if less, the outstanding Outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding Outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Perkins Finance Corp), Revolving Credit Agreement (Restaurant Co)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Stride & Associates Inc), Revolving Credit Agreement (Provant Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E F hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment to make Loans or, if less, the outstanding amount of all Revolving Credit Loans Closing Date Advances and Post-Closing Advances made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dynatech Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by a separate promissory notes note of the applicable Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Each Revolving Credit Note shall be payable to the order of each Dollar Bank the Agent for the respective accounts of the Banks in a principal amount equal to such Dollar Bank's the Total Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bankall the Banks, plus interest accrued thereon, as set forth below. The Each Borrower irrevocably authorizes each Dollar Bank the Agent to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's the Revolving Credit Note, an appropriate notation on such Dollar Bank's the Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's each Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bankthe Agent for the accounts of the Banks, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's any Revolving Credit Note Record shall not limit or otherwise affect the obligations of each of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.. At the request of any Bank, the applicable Borrower shall

Appears in 1 contract

Samples: Credit Agreement (Sensormatic Electronics Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes Revolving Credit Notes of the Borrower Borrowers in substantially form and substance satisfactory to the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsLenders. One The Revolving Credit Note Notes shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal an amount equal to the Commitment of such Dollar Bank's Commitment Revolving Credit Lender, or, if less, the outstanding principal amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower Each of the Borrowers irrevocably authorizes each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or Honor Date of any Letter of Credit or at the time of receipt of any payment of principal on such Dollar Bank's the Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record Lender’s records reflecting the making of such the Revolving Credit Loan or the receipt of such payment (as the case may be) and whether such Revolving Credit Loan was made to the receipt Borrowers, and will, prior to any transfer of such paymentRevolving Credit Lender’s Revolving Credit Note, endorse on the reverse side thereof the outstanding principal amount of the Revolving Credit Loans evidenced thereby at the time of such transfer. The outstanding amount Outstanding Amount of the Revolving Credit Loans set forth on such Dollar Bank's a Revolving Credit Note Record Lender’s record shall be prima facie evidence (absent manifest error) of the principal amount thereof owing and unpaid to such Dollar BankRevolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any the Revolving Credit Note to make payments of principal of or interest on any the Revolving Credit Note when due.. § 2.1.4

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement and Special (Lojack Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be --- --------- ------ ----- evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), ------- - dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Revolver Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid ----- ----- to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes Revolving Credit Notes of the Borrower Borrowers in substantially form and substance satisfactory to the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsLenders. One The Revolving Credit Note Notes shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal an amount equal to the Revolving Credit Commitment of such Dollar Bank's Commitment Revolving Credit Lender, or, if less, the outstanding principal amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower Each of the Borrowers irrevocably authorizes each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or Honor Date of any Letter of Credit or at the time of receipt of any payment of principal on such Dollar Bank's the Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record Lender’s records reflecting the making of such the Revolving Credit Loan or the receipt of such payment (as the case may be) and whether such Revolving Credit Loan was made to the receipt Borrowers, and will, prior to any transfer of such paymentRevolving Credit Lender’s Revolving Credit Note, endorse on the reverse side thereof the outstanding principal amount of the Revolving Credit Loans evidenced thereby at the time of such transfer. The outstanding amount Outstanding Amount of the Revolving Credit Loans set forth on such Dollar Bank's a Revolving Credit Note Record Lender’s record shall be prima facie evidence (absent manifest error) of the principal amount thereof owing and unpaid to such Dollar BankRevolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any the Revolving Credit Note to make payments of principal of or interest on any the Revolving Credit Note when due.

Appears in 1 contract

Samples: Agreement (Lojack Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the ------- - --------- ------ ---- Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and ----- ----- unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto EXHIBIT B hereto, as applicable (each a "Revolving Credit REVOLVING CREDIT Note"), dated as of the Closing Effective Date (or other such date on which a Lender may become a party hereto in accordance with Section 19 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie Recoxx xxxxx xx XXXMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note Note, including, without limitation, its obligations to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Canadian Security Agreement (Republic Technologies International Holdings LLC)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsNotes. One A Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a an aggregate principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowCommitment. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit NoteNotes, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. The Agent hereby agrees to provide the Borrower Representative with a statement concerning the outstanding amount of the Revolving Credit Loans, in reasonable detail, on a monthly basis. Although each Revolving Credit Note shall be dated the Closing Date, interest in respect thereof shall be payable only for the periods during which the Revolving Credit Loans evidenced thereby to the Borrowers are outstanding, and although the stated amount of such Revolving Credit Notes shall be equal to the Total Commitment as of the date hereof, such Revolving Credit Notes shall be enforceable, with respect to obligations of the Borrowers to pay the principal amount thereof, only to the extent of the unpaid principal amount of the Revolving Credit Loans to them as of any date of determination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cali Realty Corp /New/)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower TransTechnology in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Revolving Credit Commitment in effect at such time, or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower TransTechnology irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower TransTechnology hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (Transtechnology Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsNotes. One A Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a an aggregate principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowCommitment. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit NoteNotes, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. The Administrative Agent hereby agrees to provide the Borrower with a statement concerning the outstanding amount of the Revolving Credit Loans, in reasonable detail, on a monthly basis. Although each Revolving Credit Note shall be dated the Closing Date, interest in respect thereof shall be payable only for the periods during which the Revolving Credit Loans evidenced thereby to the Borrower are outstanding, and although the stated amount of such Revolving Credit Notes shall be equal to the Total Commitment as of the date hereof, such Revolving Credit Notes shall be enforceable, with respect to obligations of the Borrower to pay the principal amount thereof, only to the extent of the unpaid principal amount of the Revolving Credit Loans to them as of any date of determination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mack Cali Realty Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Peregrine Systems Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Moore Medical Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit E A-1 hereto (each a "Revolving Credit Note"), ------- --- dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar ----- ----- Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 16 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: And Term Loan Agreement (Il Fornaio America Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E EXHIBIT A-1 hereto (each a "Revolving Credit REVOLVING CREDIT Note"), dated as of the Closing Effective Date (or such later date as a Revolving Credit Lender becomes a party hereto pursuant to ss.19) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the thE order of each Dollar Bank Revolving Credit Lender in a principal amount equal to such Dollar BankRevolving Credit Lender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes each Dollar Bank authorize the Revolving Credit Lenders to make make, or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on any such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar BankLender's records or on the schedule attached to such Lender's Revolving Credit Note Record or a continuation of such schedule attached thereto reflecting the making of such Revolving Credit Loan Loan, or the receipt of such payment (as the case may be) and may, prior to any transfer of its Revolving Credit Note, endorse on the receipt reverse side thereof the outstanding principal amount of such paymentRevolving Credit Loans evidenced thereby. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower applicable Borrowers hereunder or under any such Revolving Credit Note Notes to make payments of principal of or interest on any such Revolving Credit Note Notes when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Casella Waste Systems Inc)

The Revolving Credit Notes. (a) The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E EXHIBIT B-1 hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 14 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Each Borrower irrevocably authorizes and requests each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record or any other loan account maintained by the Administrative Agent shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Each Revolving Credit Note shall provide that, notwithstanding that such Revolving Credit Note shall be executed by each Borrower, the obligations of each Borrower under such Revolving Credit Note shall be several and not joint.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hexcel Corp /De/)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT C hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment on the Closing Date or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus PLUS interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (CRC Evans International Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a ------- - "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record for such Revolving Credit Note reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record for such Revolving Credit Note shall be prima facie evidence of the principal amount thereof owing ----- ----- and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record for such Revolving Credit Note shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (Fairfield Communities Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 17 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment in respect of Revolving Credit Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the joint and several obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate restated promissory notes of the Borrower Borrower, each in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Bank may become a party hereto pursuant to Section 19 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.Revolving

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrower, each in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Bank may become a party hereto pursuant to 18 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, Bank plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. 2.5.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a the "Revolving Credit NoteNotes"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, with respect to the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowLoans. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding Outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Dollar Tree Stores Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing ------- - Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit (Chart House Enterprises Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note" and together the "Revolving Credit Notes"), dated as of the Closing Date December 29, 1993 and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment to make Revolving Credit Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Arrow Automotive Industries Inc)

The Revolving Credit Notes. The Revolving Credit Syndicated Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or, in the event of the admission of any Additional Bank pursuant to Section 2.4.3 and Section 18.10, dated as of the effective date specified in the Instrument of Adherence executed and delivered by such Additional Bank pursuant to Section 18.10) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Syndicated Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Syndicated Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stride Rite Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing ------- - Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

The Revolving Credit Notes. The Revolving Credit Facility A Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B-1 hereto (each, a "Facility A Note"), dated as of the Closing Date and completed with appropriate insertions. The Facility B Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B-2 hereto (each a "Revolving Credit Facility B Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Facility A Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Facility A Commitment or, if less, the outstanding amount of all Revolving Credit Facility A Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. One Facility B Note shall be payable to the order of each Bank in a principal amount equal to such Bank's Facility B Commitment or, if less, the outstanding amount of all Facility B Loans made by such Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. 2.5.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rollins Truck Leasing Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.14 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Each Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note")Notes, dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender absent manifest error, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Initial Closing Date (or such other date as a Bank may become a party hereto in accordance with Section 21 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bell Sports Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A hereto (each a the "Revolving Credit NoteNotes"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, with respect to the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowLoans. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record records shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record records shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of its Revolving Credit Note, the Borrowers will issue a replacement Revolving Credit Note in the same principal amount thereof and otherwise of like tenor. Such affidavit shall provide for an indemnity by such Lender in favor of the Borrowers for any actual monetary loss, reasonably incurred by the Borrowers, in connection with any individual or entity in possession of, and claiming to be a holder of, the original Revolving Credit Note or from any attempt to collect upon the original Revolving Credit Note.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunglass Hut International Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E ExhibitA hereto (each a "Revolving Credit Note"), dated as of the Closing Effective Date (or such other date on which a Lender may become a party hereto in accordance with §16 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar Bank's Lender’s Commitment in respect of Revolving Credit Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lender’s Revolving Credit Note, an appropriate notation on such Dollar Bank's Lender’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lender’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lender’s Revolving Credit Note Record shall not limit or otherwise affect the joint and several obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto B hereto, as applicable (each a "Revolving Credit Note"), dated as of the Closing Effective Date (or other such date on which a Lender may become a party hereto in accordance with (S)19 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note Note, including, without limitation, its obligations to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Blue Steel Capital Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing --------- --------------------- Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B hereto (each a "Revolving Credit Note" and collectively, the "Revolving Credit Notes"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date as a Bank may become a party hereto in accordance with sec.20 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall shall, absent manifest error, be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Filenes Basement Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with (S)15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lifeline Systems Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Initial Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Each Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Century Aluminum Co)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Effective Date (or such other date on which a Lender may become a party hereto in accordance with §16 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar Bank's Lender’s Commitment in respect of Revolving Credit Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lender’s Revolving Credit Note, an appropriate notation on such Dollar Bank's Lender’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lender’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lender’s Revolving Credit Note Record shall not limit or otherwise affect the joint and several obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (Crystal Rock Holdings, Inc.)

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The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B hereto (each a "Revolving Credit Note" and collectively, the "Revolving Credit Notes"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be ----------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing ------- - Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by a separate amended and restated promissory notes note of the applicable Borrower in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Each Revolving Credit Note shall be payable to the order of each Dollar Bank the Agent for the respective accounts of the Banks in a principal amount equal to such Dollar Bank's the Total Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bankall the Banks, plus interest accrued thereon, as set forth below. The Each Borrower irrevocably authorizes each Dollar Bank the Agent to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's the Revolving Credit Note, an appropriate notation on such Dollar Bank's the Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's each Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bankthe Agent for the accounts of the Banks, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's any Revolving Credit Note Record shall not limit or otherwise affect the obligations of each of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. At the request of any Bank, the applicable Borrower shall execute and deliver to such requesting Bank a Revolving Credit Note made payable to such Bank in a principal amount equal to such Bank's Commitment Percentage of the Revolving Credit Loans, or, if less, the outstanding amount of all Revolving Credit Loans made by such Bank, plus interest accrued thereon, as set forth below, and the Borrower shall execute and deliver to the Agent for the respective accounts of the Banks which do not hold their own Revolving Credit Note, an amended and restated Revolving Credit Note in a principal amount equal to the Total Commitment less the Commitment amount of any Banks which hold their own Revolving Credit Notes, or, if less, the outstanding amount of all Revolving Credit Loans made by all such Banks plus interest accrued thereon, as set forth below. Upon receipt of a duly executed and delivered replacement Revolving Credit Note, the Agent shall return to the Borrower the Revolving Credit Note which has been superseded.

Appears in 1 contract

Samples: Credit Agreement (Sensormatic Electronics Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.16 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Each of the Borrowers irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Furrs Restaurant Group Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E C hereto (each a "Revolving Credit Note"), dated as of the Closing --------- Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. 2.5.

Appears in 1 contract

Samples: Credit Agreement (Jackson Products Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT B hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie (in the absence of manifest error)be PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Domestic Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Domestic Lender in a principal amount equal to such Dollar BankDomestic Lender's Domestic Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankDomestic Lender, plus interest accrued thereon, as set forth below. The Borrower Each of the Domestic Borrowers irrevocably authorizes each Dollar Bank Domestic Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankDomestic Lender's Revolving Credit Note, an appropriate notation on such Dollar BankDomestic Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankDomestic Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankDomestic Lender, but the failure to record, or any error in so recording, any such amount on such Dollar BankDomestic Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Domestic Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (Ict Group Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a "Revolving Credit Note")Notes, dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with §15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar Bank's Lender’s Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lender’s Revolving Credit Note, an appropriate notation on such Dollar Bank's Lender’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lender’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender absent manifest error, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lender’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A-1 hereto (each a "Revolving Credit Note"), ) dated as of the Closing Date (or such other date on which a Person may become a party hereto in accordance with ss.18 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations obligation of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Nationsrent Inc)

The Revolving Credit Notes. The If so requested by any Lender, the Revolving Credit Loans shall be evidenced by separate joint and several promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar Bank's Lender’s Revolving Credit Commitment or, if less, the outstanding Outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Each of the Borrowers irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lender’s Revolving Credit Note, an appropriate notation on such Dollar Bank's Lender’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding Outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lender’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lender’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Possession Credit Agreement (Real Mex Restaurants, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal amount equal to such Dollar BankRevolving Credit Lender's Revolving Credit Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankRevolving Credit Lender's Revolving Credit Note, an appropriate notation on such Dollar BankRevolving Credit Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankRevolving Credit Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankRevolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Dollar BankRevolving Credit Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Emmis Communications Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate joint and several promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Revolving Credit Commitment or, if less, the outstanding Outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower Each of the Borrowers irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding Outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Dave & Busters Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E A-1 hereto (each a "Revolving Credit Note"), dated as of the Closing Effective Date (or such later date as a Revolving Credit Lender becomes a party hereto pursuant to §19) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal amount equal to such Dollar Bank's Revolving Credit Lender’s Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes each Dollar Bank authorize the Revolving Credit Lenders to make make, or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on any such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Lender’s records or on the schedule attached to such Lender’s Revolving Credit Note Record or a continuation of such schedule attached thereto reflecting the making of such Revolving Credit Loan Loan, or the receipt of such payment (as the case may be) and may, prior to any transfer of its Revolving Credit Note, endorse on the receipt reverse side thereof the outstanding principal amount of such paymentRevolving Credit Loans evidenced thereby. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record Lender’s record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower applicable Borrowers hereunder or under any such Revolving Credit Note Notes to make payments of principal of or interest on any such Revolving Credit Note Notes when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate a promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One The Revolving Credit Note shall be payable to the order of each Dollar Bank the Lender in a principal amount equal to such Dollar Bank's the Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bankthe Lender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank the Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bankthe Lender's Revolving Credit Note, an appropriate notation on such Dollar Bankthe Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bankthe Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bankthe Lender, but the failure to record, or any error in so recording, any such amount on such Dollar Bankthe Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (DSL Net Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of each of the Borrower Revolver Borrowers in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Each Revolver Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the applicable Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Security Agreement (Genrad Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence evidence, absent manifest error, of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Coach Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date as a Lender may become a party hereto in accordance with 19 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall shall, absent manifest error, be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. 2.5.

Appears in 1 contract

Samples: Revolving Credit Agreement (Filenes Basement Corp)

The Revolving Credit Notes. (a) The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date or the effective date of any future assignment made pursuant to Section 19 hereof and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment and representing the obligation of the Borrower to pay to such Bank such principal amount or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall shall, absent manifest error, be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E H hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with 18 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar Bank's Lenders Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Lenders Revolving Credit Note, an appropriate notation on such Dollar Bank's Lenders Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Lenders Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Lenders Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jumpking Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 16 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto B hereto, as applicable (each a "Revolving Credit Note"), dated as of the Closing Effective Date (or other such date on which a Bank may become a party hereto in accordance with Section 19 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note Note, including, without limitation, its obligations to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rti Capital Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes Revolving Credit Notes of the Borrower U.S. Borrowers and the Foreign Borrowers in substantially form and substance satisfactory to the form of Exhibit E hereto (each a "Revolving Credit Note")Lenders (provided, dated as of that the Closing Date and completed with appropriate insertions. One Foreign Borrowers’ obligations under the Revolving Credit Note Notes shall not exceed the Foreign Sublimit). The Revolving Credit Notes shall be payable to the order of each Dollar Bank Revolving Credit Lender in a principal an amount equal to the Revolving Credit Commitment of such Dollar Bank's Commitment Revolving Credit Lender, or, if less, the outstanding principal amount of all Revolving Credit Loans made by such Dollar BankRevolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrower Each of the U.S. Borrowers and Foreign Borrowers irrevocably authorizes each Dollar Bank Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or Honor Date of any Letter of Credit or at the time of receipt of any payment of principal on such Dollar Bank's the Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record Lender’s records reflecting the making of such the Revolving Credit Loan or the receipt of such payment (as the case may be) and whether such Revolving Credit Loan was made to the receipt U.S. Borrowers or Foreign Borrowers, and will, prior to any transfer of such paymentRevolving Credit Lender’s Revolving Credit Note, endorse on the reverse side thereof the outstanding principal amount of the Revolving Credit Loans evidenced thereby at the time of such transfer. The outstanding amount Outstanding Amount of the Revolving Credit Loans set forth on such Dollar Bank's a Revolving Credit Note Record Lender’s record shall be prima facie evidence (absent manifest error) of the principal amount thereof owing and unpaid to such Dollar BankRevolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower U.S. Borrowers and/or Foreign Borrowers hereunder or under any the Revolving Credit Note to make payments of principal of or interest on any the Revolving Credit Note when due.

Appears in 1 contract

Samples: Term Loan Agreement (Lojack Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing --------- Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit (Mapics Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes the Revolving Credit Notes. Return and cancellation of the Borrower in substantially "Notes" under the form Original Agreement and issuance of Exhibit E hereto (each a "initial Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertionsNotes under this Agreement shall be governed by Section 27 hereof. One A Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a an aggregate principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowCommitment. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit NoteNotes, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. The Administrative Agent hereby agrees to provide the Borrower with a statement concerning the outstanding amount of the Revolving Credit Loans, in reasonable detail, on a monthly basis. Although each Revolving Credit Note shall be dated the Closing Date, interest in respect thereof shall be payable only for the periods during which the Revolving Credit Loans evidenced thereby to the Borrower are outstanding, and although the stated amount of such Revolving Credit Notes shall be equal to the Total Commitment as of the date hereof, such Revolving Credit Notes shall be enforceable, with respect to obligations of the Borrower to pay the principal amount thereof, only to the extent of the unpaid principal amount of the Revolving Credit Loans to them as of any date of determination.

Appears in 1 contract

Samples: Credit Agreement (Mack Cali Realty Corp)

The Revolving Credit Notes. The Loans under Revolving Credit Loans Facility A shall be evidenced by separate promissory notes of the Borrower Revolving Credit Note A in substantially the form of Exhibit E A hereto, and the Loans under Revolving Credit Facility B shall be evidenced by Revolving Credit Note B in substantially the form of Exhibit B hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Each Revolving Credit Note shall be payable to the order of each Dollar the Bank in a principal amount equal to such Dollar Bank's the Revolving Credit A Commitment or Revolving Credit B Commitment, as applicable, or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar the Bank, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes each Dollar authorize the Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's a Revolving Credit Note, an appropriate notation on such Dollar Bank's the Revolving Credit Note Record for such Revolving Credit Note reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's each Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar the Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's a Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto EXHIBIT B-1 or EXHIBIT B-2 hereto, as applicable (each a "Revolving Credit Note"), dated as of the Closing Effective Date (or other such date on which a Bank may become a party hereto in accordance with Section 19 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Republic Engineered Steels Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Bank may become a party hereto in accordance with §15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's ’s Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's ’s Revolving Credit Note, an appropriate notation on such Dollar Bank's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's ’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's ’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E F hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment to make Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest and other amounts accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E EXHIBIT A hereto (each a "Revolving Credit NoteREVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Keane Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E F hereto (each a "Revolving Credit Note"), dated as of the Closing Restatement Effective Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment to make Loans or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar BankLender, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit Note, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the US Borrower in substantially the form of Exhibit E A hereto (each a "Revolving Credit Note"), dated as of the Closing Date (or other such date on which a Lender may become a party hereto in accordance with (Section)20 hereof) and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank Lender in a principal amount equal to such Dollar BankLender's Commitment or, if less, on the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth belowClosing Date. The US Borrower irrevocably authorizes each Dollar Bank Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar BankLender's Revolving Credit NoteNotes, an appropriate notation on such Dollar BankLender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar BankLender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Dollar BankLender, but the failure to record, or any error in so recording, any such amount on such Dollar BankLender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the US Borrower hereunder or under any Revolving Credit Note Notes to make payments of principal of or interest on any Revolving Credit Note Notes when due.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E B hereto (each a "Revolving Credit Note"), dated as of the Closing ------- - --------------------- Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record shall be prima facie ----- ----- evidence of the principal amount thereof owing and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (California Steel Industries Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower Borrowers in substantially the form of Exhibit E B hereto (each a ------- - "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. One Revolving Credit Note shall be payable to the order of each Dollar Bank in a principal amount equal to such Dollar Bank's Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Dollar Bank, plus interest accrued thereon, as set forth below. The Borrower Borrowers irrevocably authorizes authorize each Dollar Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Dollar Bank's Revolving Credit Note, an appropriate notation on such Dollar Bank's Revolving Credit Note Record for such Revolving Credit Note reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Dollar Bank's Revolving Credit Note Record for such Revolving Credit Note shall be prima facie evidence of the principal amount thereof owing ----- ----- and unpaid to such Dollar Bank, but the failure to record, or any error in so recording, any such amount on such Dollar Bank's Revolving Credit Note Record for such Revolving Credit Note shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

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