The Term Notes. The Term Loan shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit D hereto (each a "Term Note"), dated the Closing Date and completed with appropriate insertions. One Term Note shall be payable to the order of each Bank in a principal amount equal to such Bank's Commitment Percentage of the Term Loan and representing the obligation of the Borrower to pay to such Bank such principal amount or, if less, the outstanding amount of such Bank's Commitment Percentage of the Term Loan, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Bank to make or cause to be made a notation on such Bank's Term Note Record reflecting the original principal amount of such Bank's Commitment Percentage of the Term Loan and, at or about the time of such Bank's receipt of any principal payment on such Bank's Term Note, an appropriate notation on such Bank's Term Note Record reflecting such payment. The aggregate unpaid amount set forth on such Bank's Term Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Bank, but the failure to record, or any error in so recording, any such amount on such Bank's Term Note Record shall not affect the obligations of the Borrower hereunder or under any Term Note to make payments of principal of and interest on any Term Note when due.
The Term Notes. Each Term Note shall represent the obligation of the Borrower to pay to such Bank the principal amount of the Term Loan evidenced by the Term Note plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Bank to make or cause to be made a notation on such Bank's Term Note Record reflecting the original principal amount of such Bank's Commitment Percentage of the Term Loan and, at or about the time of such Bank's receipt of any principal payment on such Bank's Term Note, an appropriate notation on such Bank's Term Note Record reflecting such payment. The aggregate unpaid amount set forth on such Bank's Term Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Bank, but the failure to record, or any error in so recording, any such amount on such Bank's Term Note Record shall not affect the obligations of the Borrower hereunder or under any Term Note to make payments of principal of and interest on any Term Note when due.
The Term Notes. Each Term Loan made by any Bank hereunder shall be evidenced by a single promissory note substantially in the form of Exhibit A-1 hereto, with appropriate insertions, payable to the order of such Bank and representing the obligation of the Co-Borrowers to pay the unpaid principal balance of such Term Loan, with interest thereon as provided herein. Each Bank is hereby authorized to record the type of its Term Loan, the date or amount of each payment or prepayment of principal thereof and the date and amount of each payment of interest thereon in the Bank's records and/or on a schedule annexed to its Term Note and, absent manifest error, any such recordation shall constitute conclusive evidence of the accuracy of the information so recorded; provided, however, that the failure to record such information shall not affect the Co-Borrowers' obligations to repay the Term Loans. Each Term Note (a) shall be dated the date such Term Loan is made (b) shall be stated to mature not less than two (2) years or more than five (5) years after the date such Loan is made and (c) shall bear interest for a period from the date such Loan is made until it is paid in full on the unpaid principal amount thereof at the applicable rates per annum specified herein.
The Term Notes. The U.S. Term Loan made by each Lender shall be evidenced by a duly executed promissory notes of the U.S. Borrower, dated as of the Closing Date, in an original principal amount equal to such Lender's U.S. Term Loan Commitment Percentage and substantially in the form of Exhibit 3.4.
The Term Notes. The obligation of the Company to repay the Term Loan shall be evidenced by promissory notes executed by the Company to each of the Term Lenders in the form of Exhibit F attached to the Amendment (as the same may be amended, modified, extended, renewed, supplemented, replaced and/or restated from time to time and at any time, the "TERM NOTES"). The principal of the Term Loan shall be repayable in equal quarterly installments of $750,000.00 each, which quarterly installments shall be due and payable on the last Banking Day of September, 2002, and on the last Banking Day of each successive calendar quarter thereafter until the Term Loan Maturity Date, at which time the entire aggregate principal balance of the Term Loan and all unpaid, accrued interest thereon, shall be due and payable in full without demand. Subject to the contemporaneous payment of any amounts which may be due the Term Lenders pursuant to Section 2.05(b) of this Agreement, the principal of the Term Loan, upon not less than two (2) Banking Days' prior written notice to the Agent from the Company, may be prepaid at any time in whole or in part, provided that any partial prepayment shall be in an amount which is a minimum of $1,000,000 and an integral multiple of One Hundred Thousand Dollars ($100,000), and provided further that all partial prepayments shall be applied to the latest maturing installments of principal payable under the Term Loan in inverse order of maturity.
The Term Notes. The obligation of the Borrowers to repay the Term Loans and interest thereon shall be evidenced by the Term Notes executed by the Borrowers, payable to the order of a Bank, in the principal amount of such Bank's Term Loan Commitment and dated the date hereof or such later date as may be required with respect to transactions contemplated by Section 13.8.
The Term Notes. The Term Loan shall be evidenced by separate Amended and Restated Term Notes of the Borrower to each Bank having a Term Loan Commitment in or substantially in the form of Exhibit A-2 hereto (collectively, the “Term Notes”), with appropriate insertions for each such Bank.
The Term Notes. Prior to funding any Term Loan Advance, Borrower shall execute and deliver to Lender a Term Note in the principal amount of such Term Loan Advance. Upon the delivery of a Term Note, the principal amount of such Term Loan Advance represented by a Term Note shall be outstanding under (and paid in accordance with) such instrument.
The Term Notes. The Term Loan shall be evidenced by the Term Notes. A Term Note shall be payable to the order of each Lender in an aggregate principal amount equal to such Lender’s Commitment. The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on such Lender’s applicable Note Record reflecting the making of its portion of the Term Loan or (as the case may be) the receipt of any payment thereon. The outstanding amount of the Term Loan set forth on such applicable Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Note Record shall not limit or otherwise affect the rights and obligations of the Borrower hereunder or under any Term Note to make payments of principal of or interest on any Term Note when due.
The Term Notes. Each Term Loan created at the Revolving Facility Termination Date or any Conversion Date shall be evidenced by a separate promissory note of the Borrowers, under which they shall be jointly and severally liable, substantially in the form of Exhibit I hereto (each such promissory note as it may be amended, extended, modified or renewed a "TERM NOTE" and together the "TERM NOTES.")
