FILO Note definition

FILO Note means a promissory note made by the Domestic Borrower in favor of a FILO Lender evidencing the portion of the FILO Loan made by such FILO Lender, substantially in the form of Exhibit C-7.
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FILO Note means, collectively, the promissory notes referred to in Section 2.1(b) hereof.
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FILO Note means a promissory note of the Borrower payable to the order of any FILO Lender in a principal amount equal to the amount of such Lender’s FILO Loan evidencing the aggregate Indebtedness of the Borrower to such Lender.
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Examples of FILO Note in a sentence

  • At the request of any FILO Lender, Borrowers shall deliver a FILO Note to such Lender.

  • Exhibit D (Form of Borrowing Base Certificate), Exhibit H-1 (Form of Domestic Notice of Borrowing); Exhibit H-2 (Form of Canadian Notice of Borrowing); and Exhibit H-3 (Form of UK Notice of Borrowing) are hereby deleted in their entirety and a new Exhibit D, Exhibit E, Exhibit H-0, Xxxxxxx X-0, and Exhibit H-3 are substituted in its stead and a new Exhibit B-7 (Form of FILO Note) is attached hereto as Annex B.

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  • The liabilities of the Borrower, and of any endorser or guarantor of this FILO Note, are joint and several, provided, however, the release by any Agent, the ABL Term Loan Agent or the FILO Lender of any one or more such Persons shall not release any other Person obligated on account of this FILO Note.

  • Each Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and nonpayment of this FILO Note.

  • This FILO Note shall be binding upon the Borrower, and each endorser and guarantor hereof, and upon their respective successors, assigns, and representatives, and shall inure to the benefit of the FILO Lender and its successors, endorsees, and assigns.

  • Each reference in this FILO Note to the Borrower, any endorser, and any guarantor, is to such Person individually and also to all such Persons jointly.

  • The Borrower, and each endorser and guarantor of this FILO Note, waives presentment, demand, notice, and protest, and also waives any delay on the part of the holder hereof.

  • Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this FILO Note shall become, or may be declared to be, immediately due and payable, all as provided in the Agreement.

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More Definitions of FILO Note

FILO Note a promissory note to be executed by Borrowers in favor of a FILO Lender in the form of Exhibit A-2, which shall evidence the FILO Loans made by such FILO Lender.
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FILO Note means a promissory note made by Borrowers in favor of a FILO Lender evidencing the FILO Loans made by such FILO Lender, substantially in the form of Exhibit C-3, as each may be amended, supplemented or modified from time to time. “FILO Prepayment Fee” means, with respect to any prepayment of the FILO Loans (or deemed prepayment in the case of an acceleration of the FILO Loans), a premium equal to (a) one percent (1.00%) of the principal amount of such prepayment (or deemed prepayment in the case of an acceleration of the FILO Loans) if such prepayment is made after the Amendment No. 1 Effective Date but on or prior to the first anniversary of the Amendment No. 1 Effective Date, (b) one-half of one percent (0.50%) of the principal amount of such prepayment (or deemed prepayment in the case of an acceleration of the FILO Loans) if such prepayment is made after the first anniversary of the Amendment No. 1 Effective Date but on or prior to the second anniversary of the Amendment No. 1 Effective Date, and (c) zero at all times after the second anniversary of the Amendment No. 1
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FILO Note means a promissory note made by the Borrowers, substantially in the form of Exhibit B-2, in favor of a FILO Lender, evidencing the FILO Loans made by such FILO Lender to the Borrowers. “FILO Outstandings” means, at any particular time, the principal amount of the FILO Loans outstanding at such time. “Financial Asset” has the meaning given to such term in Article 8 of the UCC. “Financial Officer” means, with respect to any Loan Party, the chief financial officer, treasurer or controller of such Loan Party. Any document delivered hereunder that is signed by a Financial Officer of a Loan Party shall be conclusively presumed to have been authorized by all necessary corporate, partnership and/or other action on the part of such Loan - 54 -
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FILO Note a promissory note to be executed by Borrowers in favor of a FILO Lender in the form of Exhibit A-2, which shall evidence the FILO Loans made by such FILO Lender. “FILO Termination Date”- August 31, 2020.
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FILO Note. “FILO Prepayment Premium”, “FILO Reserve”, “FILO Standstill Period”, “Fixed Charge Coverage Ratio”, “Net Cash Proceeds”, “Payment Conditions”, “Pro Rata Share”, “Protective Advances”, “Ratable Portion”, “Requisite FILO Lenders”, “Term/Notes Refinancing Date” or “Weekly Monitoring Event” (and any component definition of any of the foregoing terms to the extent used therein); provided that, subject to Section 11.14, the foregoing shall not limit the discretion of the Administrative Agent to change, establish or eliminate any Reserves without the consent of any Lenders;
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FILO Note means a promissory note made by the Borrowers in favor of the Lender evidencing the FILO Loans made by the Lender, substantially in the form of Exhibit B-2. “FILO Reserve” means the amount, if any, by which the outstanding amount of the FILO Loans exceed the FILO Borrowing Base as the Lender determines in its reasonable discretion. “First Amendment” means that certain First Amendment to Second Amended and Restated Credit Agreement entered into by and among the Borrowers, the Lender and the L/C Issuer dated as of September 8, 2014. “First Amendment Effective Date” means September 8, 2014. “Fiscal Month” means any fiscal month of any Fiscal Year, which month shall generally end on the Saturday nearest to the last day of each calendar month in accordance with the fiscal accounting calendar of the Loan Parties. “Fiscal Quarter” means any fiscal quarter of any Fiscal Year, which quarters shall generally end on the Saturday nearest to the last day of each April, July, October and January of such Fiscal Year in accordance with the fiscal accounting calendar of the Loan Parties. “Fiscal Year” means the fiscal year ended January 28, 2012 and any subsequent period of fifty- two (52) or fifty-three (53) consecutive weeks ending on the Saturday nearest to January 31 of each calendar year. “Foreign Assets Control Regulations” has the meaning set forth in Section 9.17. “Foreign Vendor” means a Person that sells In-Transit Inventory to a Borrower. “Foreign Vendor Agreement” means an agreement between a Foreign Vendor and the Lender in form and substance satisfactory to the Lender and pursuant to which, among other things, the parties shall -20-
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Related to FILO Note

  • Note means a promissory note made by the Borrower in favor of a Lender evidencing Loans made by such Lender, substantially in the form of Exhibit C.

  • Original Note shall have the meaning assigned to such term in the recitals.

  • Revolving Note means a promissory note of the Borrower payable to a Lender in substantially the form of Exhibit 11.1(d) hereto, evidencing Indebtedness of the Borrower under the Revolving Loan Commitment of such Lender.

  • Tranche A Note means a promissory note substantially in the form of Exhibit A-1 made by the Borrower in favor of a Lender evidencing Tranche A Loans made by such Lender, to the extent requested by such Lender pursuant to Section 2.08(e).

  • A Note means, with respect to any A/B Whole Loan, the mortgage note (or notes) included in the Trust that is senior in right of payment to the related B Note or any other subordinated note(s) to the extent set forth in the related Intercreditor Agreement. There are no A Notes related to the Trust as of the Closing Date.

  • PLEASE NOTE The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney.

  • Retained Note means any Notes held by the Issuer (or any other person treated as the same person as the Issuer for U.S. federal income tax purposes), but only so long as such Notes are held by such entity, until such time as such Notes are transferred in accordance with the terms and conditions of Section 2.04 of the Indenture.

  • Tranche B Note means a promissory note of the Borrower payable to any Tranche B Lender and its registered assigns, delivered pursuant to a request made under Section 2.16 in substantially the form of Exhibit A-3 hereto, evidencing the aggregate indebtedness of the Borrower to such Lender resulting from the Tranche B Loans made by such Lender to the Borrower.

  • Term B Note means a promissory note made by the Borrower in favor of a Term B Lender, or its registered assigns, evidencing Term B Loans made by such Term B Lender, substantially in the form of Exhibit C-1.

  • Subordinated Note means the Subordinated Note (or collectively, the “Subordinated Notes”) in the form attached as Exhibit A hereto, as amended, restated, supplemented or modified from time to time, and each Subordinated Note delivered in substitution or exchange for such Subordinated Note.

  • B Note means, with respect to any A/B Mortgage Loan, the related subordinated Mortgage Note not included in the Trust, which is subordinated in right of payment to the related A Note to the extent set forth in the related Intercreditor Agreement.

  • Legended Note means Registered Notes in definitive form that are issued to Institutional Accredited Investors and Registered Notes (whether in definitive form or represented by a Registered Global Note) sold in private transactions to QIBs in accordance with the requirements of Rule 144A;

  • Swingline Note shall have the meaning provided in Section 1.05(a).

  • Credit Note means a document issued by a registered person under sub-section (1) of section 34;

  • Owned Note shall have the meaning assigned to such term in Section 32.