A Note. Except as otherwise provided herein, Borrower shall not have the right to prepay the A Note in whole or in part. From and after the Payment Date that is three (3) months prior to the Maturity Date, Borrower may, at its option and upon thirty (30) days prior written notice to Lender (or such shorter period of time as may be permitted by Lender in its sole discretion), prepay the A Note in whole, but not in part, on any date without payment of the Yield Maintenance Premium; provided the B Note is prepaid in full at such time; and provided, further, however, that any prepayment received by Lender on a date other than a Payment Date (including following acceleration) shall include interest which would have accrued thereon to the next Payment Date.
A Note. This Agreement recognizes the reduction of the principal amount of the A Note and the payment of interest thereon to the extent of payments made by Original Borrower prior to the date of execution of this Agreement. The parties acknowledge and agree that, as of the date of this Agreement, the principal balance of the A Note is $10,219,630.43 and interest on the Note is paid to July 31, 2005. Assuming Borrower acknowledges and agrees that the Loan, as evidenced and secured by the Loan Documents, is a valid and existing indebtedness payable by Assuming Borrower to Lender. The parties acknowledge that Lender is holding the following escrow and/or reserve balances: Tax Escrow: $ 142,829.88 Insurance Escrow: $ 13,557.69 Replacement Reserve: $ 1,076.06 Repair and Remediation Reserve: $ 0.00 Tenant Improvements and Leasing Commissions: $ 8,150.00 Other Reserves: $ 212,100.00
A Note. Except as otherwise provided herein, Borrower shall not have the right to prepay the A Note in whole or in part. From and after the twelfth (12th) Payment Date, Borrower may, at its option and upon thirty (30) days prior written notice to Lender (or such shorter period of time as may be permitted by Lender in its sole discretion), prepay the A Note in whole, but not in part, on any date provided that such prepayment is accompanied by the Prepayment Premium and the B Note is paid in full at such time; provided further, however, that any prepayment received by Lender on a date other than a Payment Date (including following acceleration) shall include interest which would have accrued thereon to the next Payment Date. Following an Event of Default, any prepayment shall be applied to payments of principal of the Loan and other amounts due under the Loan Documents in such order and priority as Lender may determine in its sole discretion.
A Note. (1) Which is in full force and effect; (2) Which is non-cancelable and provides that the. debtor's obligations thereunder are absolute and unconditional, and not subject to defense, deduction, set-of, or claim and as to which no defenses, set-offs, claims or counterclaims exist or have been asserted; (3) Which is not subject to any Encumbrance other than that in favor of the Agent for the benefit of the Lender and in which the Agent has a duly perfected first priority security interest under the UCC; (4) Which is a Consumer Note Agreement; (5) The Obligee under which has not been determined by the Agent to be unacceptable; (6) Which is in a form approved by the Agent; (7) Under which no payment is more than 90 days past due; (8) Under which no default has occurred other than to the extent permissible under clause (7) immediately above.
A Note. Paying Agent may resign by giving notice of resignation to the Indenture Trustee, the Administrator and the Issuer. The Indenture Trustee may terminate the agency of a Note Paying Agent by giving notice of termination to such Note Paying Agent, the Administrator and the Issuer. Upon receiving such notice of resignation or upon such a termination, the Indenture Trustee may appoint a successor Note Paying Agent and will notify the Administrator and the Issuer of any such appointment.
A Note. Note: Engineers off account of sickness or injury may be required to provide the Company with information from his physician as to his current condition, within thirty (30) days of a written notice thereof or forfeit all seniority. A copy of the notice to the Engineer will be furnished to the General Chairman of the Brotherhood of Locomotive Engineers and Trainmen.
