Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate. (b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement. (c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof. (d) The entries made in the Register maintained pursuant to Section 2.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement. (e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (RetailMeNot, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan, and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 4.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will promptly execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will promptly execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers such Company by the Revolving Credit Lenders Bank in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to the Company) by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Bank; PROVIDED, that the delivery of such Revolving Credit LenderNotes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Term SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will promptly execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Administrative Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Applicable Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent Register shall maintain the Register be maintained pursuant to Section 13.8(h13.7(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Administrative Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.. MRC Energy Company Credit Agreement 48
(e) The Borrowers agree Borrower agrees that, upon written request to the Administrative Agent by any Revolving Credit Lender or Term Lender, the Borrowers as applicable, Borrower will execute and deliver deliver, to such Revolving Credit Lender or Term Lender, as applicable, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note or a Term Loan Note, as applicable, evidencing the outstanding Revolving Credit Advances or Term Loans, as applicable, owing to such Revolving Credit Lender or Term Lender, as applicable, with appropriate insertions as to date and principal amount.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Lender made to Company and each Permitted Borrower, and each Permitted Borrower hereby unconditionally promises to pay to Agent for the account of each Lender the then unpaid principal amount of each Revolving Credit Advance of such Lender made to the Borrowers such Permitted Borrower, on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company and each Permitted Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount and applicable Permitted Currency of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Company or the Borrowers applicable Permitted Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from Company or the Borrowers applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of Company and the Permitted Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers each of Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company or such Permitted Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to Company) by any Revolving Credit Lender, Company and each of the Permitted Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Company’s (or such Permitted Borrower’s) own expense, a Revolving Credit Note of each of Company and each of the Permitted Borrowers evidencing the outstanding Revolving Credit Advances owing to such Lender; provided, that the delivery of such Revolving Credit LenderNotes shall not be a condition precedent to the Restatement Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Advance of the Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Advance of the Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Advance of the Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based basedBSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Advances of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Advances of the Revolving Credit Advances and Credit, each Revolving Credit LenderBank’s share thereofthereof and the amounts paid by the Agent to the Banks with respect thereto.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Advances of the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company’s own expense, a Revolving Credit Note evidencing meeting the outstanding Revolving Credit Advances owing to such Revolving Credit Lenderrequirements of Section 2.1.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company and each Permitted Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company and each Permitted Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount and applicable Permitted Currency of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company or the applicable Permitted Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company or the applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Company and the Permitted Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of each of the Borrowers Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company or such Permitted Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Administrative Agent (with a copy to the Company) by any Revolving Credit Lender, the Company and each of the Permitted Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Company's (or such Permitted Borrower's) own expense, a Revolving Credit Note of each of the Company and each of the Permitted Borrowers evidencing the outstanding Revolving Credit Advances owing to such Lender; provided, that the delivery of such Revolving Credit LenderNotes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Short Term Revolving Credit Agreement (Vishay Intertechnology Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(ba) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(cb) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit Lender’s Bank's share thereof.
(dc) The entries made in the Register and the accounts of each Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(ed) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to the Company) by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Equipment Credit Lender the then unpaid principal amount of each Revolving Equipment Credit Advance (plus all accrued and unpaid interest) of such Revolving Equipment Credit Lender to the Borrowers Borrower on the Revolving Equipment Credit Maturity Date applicable to such Equipment Credit Advance and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Equipment Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Equipment Credit Lender resulting from each Revolving Equipment Credit Advance made by such lending office of such Revolving Equipment Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Equipment Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Equipment Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Equipment Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Equipment Credit Lender hereunder in respect of the Revolving Equipment Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Equipment Credit Advances and each Revolving Equipment Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Equipment Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.A.2 shall absent manifest demonstrable error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Equipment Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Equipment Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Equipment Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent (with a copy to the Borrower) by any Revolving Equipment Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Equipment Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit separate Note evidencing the each outstanding Revolving Equipment Credit Advances Advance owing to such Revolving Equipment Credit Lender.
(f) The Equipment Credit Advances shall be repaid as follows:
(i) commencing on each anniversary date of the execution of this Agreement, the Equipment Credit Advances made during the prior year shall be repaid in quarterly installments each equal to one sixteenth (1/16th) of the aggregate amount of such Equipment Credit Advances. Installment payments shall be due on the first day of each April, July, October and January, commencing April 1, 2012.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (LINC Logistics Co)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(e), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the such Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent (with a copy to Borrower) by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender; provided, that the delivery of such Revolving Credit Notes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), ) bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Term Loan Advance made by such lending office of such Revolving Credit Lender from time to timeLender, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.. Table of Contents
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to Section 2.2(c4.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (RetailMeNot, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (aThe last paragraph of Section 2.3(a) is amended and restated in its entirety with the following: "Notwithstanding anything to the contrary in this Agreement, amounts due under Sections 2.3(a)(i) and 2.3(a)(ii) may, at the option of the Borrower, be made in Restricted Shares of the Borrower, provided that prior to expiration of the Demand Notice Period or Call Notice Period, as applicable, the Borrower shall have given the Agent notice of its intention to make such payment using Restricted Shares, which notice shall be irrevocable. When making any payment under Section 2.3(a)(i) using Restricted Shares, the value of each such Restricted Share shall be determined based on the Volume-Weighted Average Price for Borrower's common h stock during the Term Loan B VWAP Measurement Period. The Borrowers hereby jointly and severally and unconditionally promise to pay Restricted Shares used for payment shall be delivered to the Agent for within three (3) Business Days following the account of each Revolving Credit Lender Term Loan B Payment Date ("Term Loan B Stock Delivery Date"). Notwithstanding the foregoing; if a demand or call is made after the First Call Date, then unpaid principal amount of each Revolving Credit Advance the Volume-Weighted Average Price during the Term Loan B VWAP Measurement Period must be equal to or greater than $0.50 per share (plus all accrued and unpaid interest) of such Revolving Credit Lender this condition does not apply to any payments required to be made prior to the Borrowers on the Revolving Credit Maturity First Call Date and on such other dates and in such other amounts as may the Borrower shall be required from time free to time pursuant to this Agreement. Subject use Restricted Shares for those payments without regard to the terms and conditions hereofVolume-Weighted Average Price). With respect to any call by the Borrower, each Revolving Credit Advance shallthe maximum amount that the Borrower may pay using Restricted Shares shall be limited to $2,000,000 during any ten (10) Business Day period. In the event that the Restricted Shares are not delivered on or before the Term B Stock Delivery Date, from time to time from and after the date of such Advance (until paid), any amounts unpaid as a result thereof shall bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register rate determined pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, 2.6 plus two percent (2%) through the last day of the month in which Register such shares are delivered. Agent, for itself and subaccounts (taken together) shall be recorded the lender, understands that (i) the amount of each Revolving Credit Advance made hereunder, Restricted Shares may not be sold or otherwise transferred without registration under the type thereof Securities Act and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, state securities laws unless an exemption from registration is available and (ii) that the amount of Borrower has no obligation to ensure, and makes no guarantees, that (a) an exemption from registration is or will be available, (b) that the Restricted Shares can be resold immediately or at any principal or interest due point in the future, (c) that the Restricted Shares will have any other special characteristics, and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in that the Register maintained pursuant to Section 2.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recordedRestricted Shares will contain a Restrictive Legend; provided, however, that the failure Restrictive Legend shall be removed if (i) such Restricted Shares are registered under the Securities Act and such registration statement is effective, (ii) such Restricted Shares are sold or transferred pursuant to Rule 144 (assuming the transferor is not an affiliate of any Revolving Credit Lender or the Agent to maintain the Register or any accountCompany), as applicable(iii) such Restricted Shares are eligible for sale under Rule 144, or any error therein, shall (iv) if such legend is not in any manner affect the obligation required under applicable requirements of the Borrowers to repay the Revolving Credit Advances Securities Act (including controlling judicial interpretations and all other amounts owing with respect thereto) made to the Borrowers pronouncements issued by the Revolving Credit Lenders in accordance with the terms of this AgreementCommission).
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender made to Company and each Permitted Borrower, and each Permitted Borrower hereby unconditionally promises to pay to Agent for the Borrowers account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance of such Revolving Credit Lender made to such Permitted Borrower, on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(ba) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company and each Permitted Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(cb) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount and applicable Permitted Currency of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Company or the Borrowers applicable Permitted Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from Company or the Borrowers applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(dc) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of Company and the Permitted Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers each of Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company or such Permitted Borrower by the such Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(ed) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to Company) by any Revolving Credit Lender, Company and each of the Permitted Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Company’s (or such Permitted Borrower’s) own expense, a Revolving Credit Note of each of Company and each of the Permitted Borrowers evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender; provided, that the delivery of such Revolving Credit Notes shall not be a condition precedent to the Restatement Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h11.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit LenderXxxxxx’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request Xxxxxxxx’s obligations with respect to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Lender.
Appears in 1 contract
Samples: Mortgage Warehousing Agreement
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to Section 2.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.,
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (LINC Logistics Co)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Each Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit LenderBank’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon reasonable written request to the Agent (with a copy to the Borrowers) by any Revolving Credit LenderBank, the Borrowers will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Staktek Holdings Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest demonstrable error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender. In the event a Revolving Credit Note is replaced, the applicable Lender shall return the Revolving Credit Note being replaced to the Borrower marked “Replaced”.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) (i) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Administrative Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Term Loan Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Administrative Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Administrative Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving and Term Loan Credit Agreement (American Midstream Partners, LP)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby Borrowers, jointly and severally and severally, hereby unconditionally promise to pay to the Administrative Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Administrative Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Administrative Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving and Term Loan Credit Agreement (American Midstream Partners, LP)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Each Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to Section 2.2(cparagraphs (a) and (b) of this Section 13.8(h) shall, 2.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree Each Borrower agrees that, upon written request to the Agent (with a copy to the Borrowers) by any Revolving Credit LenderBank, the Borrowers will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Borrower's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (MSC Software Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Administrative Agent for the account of each Revolving Credit Lender Term Loan Bank such Bank's Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and and, in each case, on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loans shall, from time to time from and after the date of such Advance advanced (until paid), ) bear interest at its the Applicable Interest Rate.
(b) Each Revolving Credit Lender Term Loan Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderTerm Loan Bank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Term Loan Bank hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 4.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Administrative Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Administrative Agent by any Revolving Credit LenderTerm Loan Bank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company's own expense, a Revolving Credit Term Note of the Company evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit LenderBank; provided, that the delivery of such Term Notes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance Loan (plus all accrued and unpaid interest) of and any other outstanding Indebtedness hereunder (including the Standard Yield Maintenance Premium, the Term Loan C Yield Maintenance Premium and the Prepayment Premium) owing to such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and and, subject to the terms of the Specified Subordination Agreement, on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance Loan shall, from time to time from and after the date of such Advance Loan (until paid), bear interest at its Applicable Interest Ratein accordance with Section 2.6.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h12.7(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances Loans and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances Loans and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 2.2 and Section 13.8(h12.7(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances Loans (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement. In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances Loans owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Administrative Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit CreditApplicable Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent Register shall maintain the Register be maintained pursuant to Section 13.8(h13.7(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Administrative Agent hereunder xxxxxxxxx from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit LenderXxxxxx’s share thereof.. MRC Energy Company Credit Agreement 48
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Administrative Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Administrative Agent by any Revolving Credit Lender or Term Lender, the Borrowers as applicable, Borrower will execute and deliver deliver, to such Revolving Credit Lender or Term Lender, as applicable, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note or a Term Loan Note, as applicable, evidencing the outstanding Revolving Credit Advances or Term Loans, as applicable, owing to such Revolving Credit Lender or Term Lender, as applicable, with appropriate insertions as to date and principal amount.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Each Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Term Loan Bank such Bank’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and Date, and, on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, the unpaid principal Indebtedness outstanding from time to time under the Term Loan shall, from and after the date of such Advance Effective Date (until paid), ) bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Lender Term Loan Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(f), and a subaccount therein for each Revolving Credit LenderTerm Loan Bank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender Term Loan Bank hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit LenderBank’s share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of each of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) The Borrowers agree Each Borrower agrees that, upon written request to the Agent by any Revolving Credit LenderTerm Loan Bank, the Borrowers will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan, owing to such Revolving Credit LenderBank; provided, that the delivery of such Term Note shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Staktek Holdings Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(g), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Credit Agreement (National Technical Systems Inc /Ca/)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Subject to the terms and conditions hereof, (i) Autocam France hereby jointly and severally and unconditionally promise promises to pay to the Agent in French Francs for the account of each Revolving Credit Lender Term Loan A Bank such Bank's Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan A outstanding on the Revolving Credit Term Loan A Maturity Date and (ii) F&P hereby unconditionally promises to pay to the Agent in French Francs for the account of each Term Loan B Bank such Bank's Percentage of the then unpaid aggregate principal amount of Term Loan B outstanding on the Term Loan B Maturity Date, and, in each case, on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms Sections 4.8 and conditions 4.12 hereof, each Revolving Credit Advance shall, the unpaid principal Indebtedness from time to time outstanding under the Term Loans shall, from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate.
(b) Each Revolving Credit Lender Term Loan Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the applicable Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance of Term Loan A and Term Loan B made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of Term Loan A and Term Loan B made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers applicable Borrowers, to each Revolving Credit Lender Term Loan Bank hereunder in respect of the Revolving Credit Advances of Term Loan A and Term Loan B respectively and (iii) both the amount of any sum received by the Agent hereunder from the applicable Borrowers in respect of the Revolving Credit Advances of Term Loan A and/or Term Loan B and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 4.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the applicable Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Term Loan Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the applicable Borrowers to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to the applicable Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) The Term Loan Borrowers agree that, upon written request to the Agent by any Revolving Credit LenderTerm Loan Bank, the Term Loan Borrowers will execute and deliver to such Revolving Credit LenderBank, at the such Borrowers’ ' own expense, a Revolving Credit Term Loan A Note and a Term Loan B Note of the relevant Term Loan Borrower evidencing the outstanding Revolving Credit Advances under Term Loan A and Term Loan B, respectively, owing to such Revolving Credit LenderBank; provided, that the delivery of such Term Notes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Autocam Corp/Mi)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to Section 2.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender. The sum of the principal amount of the Indebtedness consisting of the Revolving Credit and the Term Loan B as evidenced by a Revolving Credit Note and a Term Loan B Note issued to a Lender shall not exceed the sum of such Lender’s Revolving Credit Commitment Amount and Term Loan B Amount.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (RetailMeNot, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 4.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Neophotonics Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Lender made to the Company and each Permitted Borrower, and each Permitted Borrower hereby unconditionally promises to pay to the Agent for the account of each Lender the then unpaid principal amount of each Revolving Credit Advance of such Lender made to the Borrowers such Permitted Borrower, on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company and each Permitted Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount and applicable Permitted Currency of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company or the applicable Permitted Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company or the applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Company and the Permitted Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of each of the Borrowers Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company or such Permitted Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Administrative Agent (with a copy to the Company) by any Revolving Credit Lender, the Company and each of the Permitted Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Company's (or such Permitted Borrower's) own expense, a Revolving Credit Note of each of the Company and each of the Permitted Borrowers evidencing the outstanding Revolving Credit Advances owing to such Lender; provided, that the delivery of such Revolving Credit LenderNotes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Long Term Revolving Credit Agreement (Vishay Intertechnology Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender Term Loan Bank such Bank's Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and and, on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), ) bear interest at its the Applicable Interest Rate.
(b) Each Revolving Credit Lender Term Loan Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderTerm Loan Bank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender Term Loan Bank hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 4.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of each of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit LenderTerm Loan Bank, the Borrowers will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ ' own expense, a Revolving Credit Term Loan Note of the Borrowers evidencing the outstanding Revolving Credit Advances under Term Loan owing to such Revolving Credit LenderBank; provided, that the delivery of such Term Notes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (MSC Software Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.9(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, Advance (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Credit
(d) Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(de) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(ef) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Obagi Medical Products, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Neophotonics Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 4.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan, owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h11.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request Borrower's obligations with respect to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Each Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers such Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers each Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers applicable Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers applicable Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers each Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers such Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent (with a copy to Holdings) by any Revolving Credit Lender, each of the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ such Borrower's own expense, a Revolving Credit Note evidencing an amount equal to such Lender's Percentage of the outstanding Revolving Credit Advances owing to Aggregate Commitment; provided, that the delivery of such Revolving Credit LenderNotes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (Plastipak Holdings Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Administrative Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(ba) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness Indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(cb) The Administrative Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit Lender’s Bank's share thereof.
(dc) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded, as well as the date such amounts have been received; provided, however, that the failure of any Revolving Credit Lender Bank or the Administrative Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(ed) The Borrowers agree Company agrees that, upon written request to the Administrative Agent (with a copy to the Company) by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Acquisition Credit Lender the then unpaid principal amount of each Revolving Acquisition Credit Advance (plus all accrued and unpaid interest) of such Revolving Acquisition Credit Lender to the Borrowers on the Revolving Acquisition Credit Maturity Date applicable to such Acquisition Credit Advance and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Acquisition Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Acquisition Credit Lender resulting from each Revolving Acquisition Credit Advance made by such lending office of such Revolving Acquisition Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Acquisition Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(g), and a subaccount therein for each Revolving Acquisition Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Acquisition Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Acquisition Credit Lender hereunder in respect of the Revolving Acquisition Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Acquisition Credit Advances and each Revolving Acquisition Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Acquisition Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) 5.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Acquisition Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Acquisition Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Acquisition Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Acquisition Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Acquisition Credit Lender, at the Borrowers’ own expense, a Revolving an Acquisition Credit Note evidencing the outstanding Revolving Acquisition Credit Advances owing to such Revolving Acquisition Credit Lender.
(f) The Acquisition Credit Advances shall be repaid as follows:
(i) With respect to any Acquisition Credit Advance used to finance the purchase of Eligible Equipment (“Equipment Acquisition Credit Advance”), on the first day of each February, May, August and November (“Principal Payment Dates”), commencing with the first Principal Payment Date to occur after the date such Acquisition Credit Advance is made, until the Acquisition Credit Maturity Date, the Borrowers shall make a principal payment on such Equipment Acquisition Credit Advance in an amount equal to 5% of the aggregate original principal amount of such Equipment Acquisition Credit Advance;
(ii) with respect to each Acquisition Credit Advance (other than any Equipment Acquisition Credit Advance), on the first day of each February, May, August and November (“Principal Payment Dates”), commencing with the first Principal Payment Date to occur 365 days after the date such Acquisition Credit Advance is made, until the Acquisition Credit Maturity Date, the Borrowers shall make a principal payment on such Acquisition Credit Advance in the amounts specified below: On Principal Payment Dates: Pay an Amount Equal to:
1 – 4 1. 25% of the aggregate original principal amount of such Advance
5 – 8 2. 50% of the aggregate original principal amount of such Advance
9 – 16 3. 75% of the aggregate original principal amount of such Advance
(iii) the remaining outstanding principal amount of all Acquisition Credit Advances shall be paid in full in cash on the Acquisition Credit Maturity Date.
Appears in 1 contract
Samples: Credit Agreement (National Technical Systems Inc /Ca/)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Subject to the terms and conditions hereof, (i) Autocam France hereby jointly and severally and unconditionally promise promises to pay to the Agent in French Francs for the account of each Revolving Credit Lender Term Loan A Bank such Bank's Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan A outstanding on the Revolving Credit Term Loan A Maturity Date and (ii) F&P hereby unconditionally promises to pay to the Agent in French Francs for the account of each Term Loan B Bank such Bank's Percentage of the then unpaid aggregate principal amount of Term Loan B outstanding on the Term Loan B Maturity Date, and, in each case, on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms Sections 4.8 and conditions 4.12 hereof, each Revolving Credit Advance shall, the unpaid principal Indebtedness from time to time outstanding under the Term Loans shall, from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate.
(b) Each Revolving Credit Lender Term Loan Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the applicable Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance of Term Loan A and Term Loan B made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of Term Loan A and Term Loan B made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers applicable Borrowers, to each Revolving Credit Lender Term Loan Bank hereunder in respect of the Revolving Credit Advances of Term Loan A and Term Loan B respectively and (iii) both the amount of any sum received by the Agent hereunder from the applicable Borrowers in respect of the Revolving Credit Advances of Term Loan A and/or Term Loan B and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 4.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the applicable Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Term Loan Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the applicable Borrowers to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to the applicable Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Autocam Corp/Mi)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Each Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers such Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers each Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers applicable Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers applicable Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers each Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers such Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent (with a copy to Holdings) by any Revolving Credit Lender, each of the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ such Borrower's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Lender; provided, that the delivery of such Revolving Credit LenderNotes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (Plastipak Holdings Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 2.2 and Section 13.8(h13.8(g) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ ' own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Bridgepoint Education Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h12.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to the Company) by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Equipment Credit Lender the then unpaid principal amount of each Revolving Equipment Credit Advance (plus all accrued and unpaid interest) of such Revolving Equipment Credit Lender to the Borrowers Borrower on the Revolving Equipment Credit Maturity Date applicable to such Equipment Credit Advance and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Equipment Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Equipment Credit Lender resulting from each Revolving Equipment Credit Advance made by such lending office of such Revolving Equipment Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Equipment Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Equipment Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Equipment Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Equipment Credit Lender hereunder in respect of the Revolving Equipment Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Equipment Credit Advances and each Revolving Equipment Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Equipment Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.A.2 shall absent manifest demonstrable error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Equipment Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Equipment Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Equipment Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent (with a copy to the Borrower) by any Revolving Equipment Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Equipment Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit separate Note evidencing the each outstanding Revolving Equipment Credit Advances Advance owing to such Revolving Equipment Credit Lender.
(f) The Equipment Credit Advances shall be repaid as follows:
(i) commencing on each anniversary date of the execution of this Agreement, the Equipment Credit Advances made during the prior year shall be repaid in quarterly installments each equal to one twenty eighth (1/28th) of the aggregate amount of such Equipment Credit Advances. Installment payments shall be due on the first day of each April, July, October and January, commencing January 1, 2014.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest [Eurodollar-]Interest Period applicable to any Table of Contents [Eurodollar-based based]BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers US Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Lender, the then unpaid principal amount of each Revolving Credit CAPEX Loan Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers US Borrower on the Revolving Credit CAPEX Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit CAPEX Loan Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its the Applicable Interest RateRates for such Advances.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers US Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit CAPEX Loan Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), 12.8(g) and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit CAPEX Loan Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers US Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances CAPEX Loan Advances, and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit CAPEX Loan Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 3A.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers US Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers US Borrower to repay the Revolving Credit Advances CAPEX Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree US Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers US Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, Lender a Revolving Credit CAPEX Loan Note evidencing the outstanding Revolving Credit CAPEX Loan Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based basedTerm SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan, and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 4.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will promptly execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest demonstrable error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender. In the event a Revolving Credit Note is replaced, the applicable Lender shall return the Revolving Credit Note being replaced to Borrower marked “Replaced”.
Appears in 1 contract
Samples: Credit Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) Swing Line Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the US Borrower to Swing Line Lender resulting from each Swing Line Advance from time to time, including the amount and date of each Swing Line Advance, its Applicable Interest Rate (which rate shall change on the date of any change in the Daily LIBOR Rate), and the amount and date of any repayment made on any Swing Line Advance from time to time. The entries made in such account or accounts of Swing Line Lender shall be prima facie evidence, absent manifest error, of the existence and amounts of the obligations of the US Borrower therein recorded; provided, however, that the failure of Swing Line Lender to maintain such account, as applicable, or any error therein, shall not in any manner affect the obligation of the US Borrower to repay the Swing Line Advances (and all other amounts owing with respect thereto) in accordance with the terms of this Agreement.
(ii) The Borrowers hereby jointly and severally and US Borrower unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Swing Line Lender the then unpaid principal amount of each Revolving Credit Advance all Swing Line Advances (plus all accrued and unpaid interestinterest thereon) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required by Agent from time to time and as required pursuant to this Agreement. Subject to .
(iii) Interest on the terms and conditions hereof, each Revolving Credit Advance shall, unpaid balance of all Advances of the Swing Line from time to time outstanding shall accrue from and after the date of such Advance (until paid)to the date repaid, bear at a per annum interest at its rate equal to the Applicable Interest Rate, and shall be payable in immediately available funds on each Quarterly Payment Date, commencing December 31, 2018. Whenever any payment under this Section 2.6(b)(iii) shall become due on a day which is not a Business Day, the date for payment thereof shall be extended to the next Business Day. Interest shall be computed on the basis of a 360 day year and assessed for the actual number of days elapsed, and in such computation effect shall be given to any change in the interest rate resulting from a change in the Daily LIBOR Rate on the date of such change in the Daily LIBOR Rate.
(biv) Each Revolving Credit Lender In the case of any Event of Default under Section 8.1(i), immediately upon the occurrence thereof, and in the case of any other Event of Default, immediately upon receipt by Agent of notice from the Majority Lenders, interest shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest be payable thereon and paid to such Revolving Credit Lender on demand on all Swing Line Advances from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and outstanding at a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to Section 2.2(c) and Section 13.8(h) shall, absent manifest error, per annum rate equal to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances Applicable Interest Rate plus three percent (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement3%).
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit LenderBank’s share thereof.
(d) The entries made in the Register and the accounts of each Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to the Company) by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Lender of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under Term Loan shall, from time to time from and after the date of such Advance Amendment Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of Term Loan.
(b) Each Revolving Credit Term Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Term Lender resulting from each Revolving Credit Advance of the Term Loan, as applicable made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h12.8(f), and a subaccount therein for each Revolving Credit Term Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loans made hereunder, the type thereof and each EurodollarEurocurrency-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loans and each Revolving Credit Term Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2A.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Lender, the Borrowers will execute and deliver to such Revolving Credit Term Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Term Note evidencing the outstanding Revolving Credit Advances under the Term Loan, owing to such Revolving Credit Term Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(e), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower, as the case may be, to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.2 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the such Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent (with a copy to Borrower) by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender; provided, that the delivery of such Revolving Credit Notes shall not be a condition precedent to the Restatement Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Credit Agreement (Bazaarvoice Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Advance of the Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Advance of the Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Advance of the Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based [BSBY Rate]Term SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Advances of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Advances of the Revolving Credit Advances and Credit, each Revolving Credit LenderBank’s share thereofthereof and the amounts paid by the Agent to the Banks with respect thereto.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Advances of the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company’s own expense, a Revolving Credit Note evidencing meeting the outstanding Revolving Credit Advances owing to such Revolving Credit Lenderrequirements of Section 2.1.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan A Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan A outstanding on the Revolving Credit Term Loan A Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under Term Loan A shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of Term Loan A made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Term Loan Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Term Loan A Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances under Term Loan A and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Term Loan Advances of Term Loan A (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan A Note evidencing the outstanding Revolving Credit Advances under Term Loan A owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Term Loan Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Term Loan Advance is made (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit Term Loan Lender, in which the Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each EurodollarEurocurrency-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Revolving Credit Term Loan Advances and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances Term Loan Advance (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers Company will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own Company’s expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances Term Loan Advance, owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Term SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan, and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 4.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will promptly execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The (i) Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan A Lender such Lender’s Term Loan A Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan A outstanding on the Revolving Credit Term Loan A Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under Term Loan A shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate.. There shall be no readvance or reborrowings of any principal reductions of Term Loan A.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of Term Loan A made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loans made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of Term Loan A and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loans and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan A Note evidencing the outstanding Revolving Credit Advances under Term Loan A, owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s 's share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers Borrower will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ Borrower's own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Each Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent Agent, for the account of each Revolving Credit Lender (being hereby directed to do so by each such Lender), the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers such Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness the Indebtedness of the Borrowers each Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.9(f), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunderAdvance, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers applicable Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers such Borrower in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers such Borrower by the Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent (with a copy to CALP) by any Revolving Credit Lender, each of the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ such Borrower’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender; provided, that the delivery of such Revolving Credit Notes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (Capital Automotive Reit)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h14.8(g), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Credit Agreement (National Technical Systems Inc /Ca/)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Term Loan Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Term Loan Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Term Loan Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Term Loan Advances and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest demonstrable error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Term Loan Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Credit Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan, as applicable made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.9(g), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loans made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan, and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loans and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan, owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h12.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit LenderBank’s share thereof.
(d) The entries made in the Register and the accounts of each Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent (with a copy to Borrowers) by any Revolving Credit LenderBank, the Borrowers will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Borrower on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h11.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances and each Revolving Credit LenderXxxxxx’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request Xxxxxxxx’s obligations with respect to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Lender.. 4854-1287-6893.v9
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Term Loan A Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan A outstanding on the Revolving Credit Term Loan A Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under Term Loan A shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate., and (ii) the Borrowers hereby unconditionally promise to pay to the Agent for the account of each Term Loan B Lender such Lender’s Percentage of the then unpaid aggregate principal amount of Term Loan B outstanding on the Term Loan B Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, the unpaid principal Indebtedness outstanding under Term Loan B shall, from the Effective Date (until paid), bear interest at the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of Term Loan A or Term Loan B.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of Term Loan A or Term Loan B, as applicable made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loans made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of Term Loan A or Term Loan B, as applicable and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Term Loans and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to Section 2.2(c4.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own expense, a Term Loan A Note or Term Loan B Note evidencing the outstanding Advances under Term Loan A or Term Loan B, as applicable, owing to such Term Loan Lender. The sum of the principal amount of the Indebtedness consisting of the Revolving Credit and the Term Loan B as evidenced by a Revolving Credit Note evidencing and a Term Loan B Note issued to a Lender shall not exceed the outstanding sum of such Lender’s Revolving Credit Advances owing to such Revolving Credit LenderCommitment Amount and Term Loan B Amount.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (RetailMeNot, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(ba) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(cb) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit LenderBank’s share thereof.
(dc) The entries made in the Register and the accounts of each Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(ed) The Borrowers agree Company agrees that, upon written request to the Agent (with a copy to the Company) by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company’s own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit LenderBank.
Appears in 1 contract
Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Loan B Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan B outstanding on the Revolving Credit Term Loan B Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under Term Loan B shall, from time to time from and after the date of such Advance Second Amendment Effective Date (until paid), bear interest at its the Applicable Interest Rate.. There shall be no readvance or reborrowings of any principal reductions of Term Loan B.
(b) Each Revolving Credit Term Loan B Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Term Loan B Lender resulting from each Revolving Credit Advance of Term Loan B made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan B Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Term Loan B Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of Term Loan B made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Term Loan B Lender hereunder in respect of the Revolving Credit Advances of Term Loan B and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances of Term Loan B and each Revolving Credit Term Loan B Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 4.A.2 shall, absent manifest demonstrable error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Term Loan B Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances of Term Loan B (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Term Loan B Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Term Loan B Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Term Loan B Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Term Loan B Note evidencing the outstanding Revolving Credit Advances under Term Loan B owing to such Revolving Credit Term Loan B Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit LenderLxxxxx’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Credit Agreement (Warby Parker Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Borrower hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Term Loan Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Term Loan outstanding on the Revolving Credit Term Loan Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Term Loan shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its the Applicable Interest Rate. There shall be no readvance or reborrowings of any principal reductions of the Term Loan.
(b) Each Revolving Credit Term Loan Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Borrower to the appropriate lending office of such Revolving Credit Term Loan Lender resulting from each Revolving Credit Advance of the Term Loan made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Term Loan Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Term Loan Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance of the Term Loan made hereunder, the type thereof and each Eurodollar-Interest [Eurodollar-]Interest Period applicable to any Table of Contents [Eurodollar-based based]BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Borrower to each Revolving Credit Term Loan Lender hereunder in respect of the Revolving Credit Advances of the Term Loan and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Borrower in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Term Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) 4.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Borrower therein recorded; provided, however, that the failure of any Revolving Credit Term Loan Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Borrower to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrowers Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree Borrower agrees that, upon written request to the Agent by any Revolving Credit Term Loan Lender, the Borrowers Borrower will execute and deliver to such Revolving Credit Term Loan Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Term Loan Note evidencing the outstanding Revolving Credit Advances under the Term Loan, owing to such Revolving Credit Term Loan Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Advance of the Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Advance of the Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Advance of the Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Advances of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers Company in respect of the Advances of the Revolving Credit Advances and Credit, each Revolving Credit LenderBank’s share thereofthereof and the amounts paid by the Agent to the Banks with respect thereto.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) 2.2 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded; provided, however, that the failure of any Revolving Credit Lender Bank or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Advances of the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree Company agrees that, upon written request to the Agent by any Revolving Credit LenderBank, the Borrowers Company will execute and deliver deliver, to such Revolving Credit LenderBank, at the Borrowers’ Company’s own expense, a Revolving Credit Note evidencing meeting the outstanding Revolving Credit Advances owing to such Revolving Credit Lenderrequirements of Section 2.1.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers Company hereby jointly and severally and unconditionally promise promises to pay to the Administrative Agent for the account of each Revolving Credit Lender Bank the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender Bank to the Borrowers Company on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers Company to the appropriate lending office of such Revolving Credit Lender Bank resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender Bank from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender Bank from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 13.8(h13.8(f), and a subaccount therein for each Revolving Credit LenderBank, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents EurodollarEurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers Company to each Revolving Credit Lender Bank hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrowers Company in respect of the Revolving Credit Advances and each Revolving Credit Lender’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to Section 2.2(cparagraphs (b) and (c) of this Section 13.8(h) shall, 2.1 shall absent manifest error, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrowers Company therein recorded, as well as the date such amounts have been received; provided, however, that the failure of any Revolving Credit Lender Bank or the Administrative Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will execute and deliver to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Lender the then unpaid principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers on the Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate.
(b) Each Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Lender resulting from each Revolving Credit Advance made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h), and a subaccount therein for each Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Revolving Credit Advance made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based basedTerm SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Lender hereunder in respect of the Revolving Credit Advances and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to clause (c) of this Section 2.2(c) 2.2 and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Lender or the Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will promptly execute and deliver deliver, to such Revolving Credit Lender, at the Borrowers’ own expense, a Revolving Credit Note evidencing the outstanding Revolving Credit Advances owing to such Revolving Credit Lender.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrowers hereby jointly and severally and unconditionally promise to pay to the Agent for the account of each Revolving Credit Draw-to-Facility Lender such Lender’s Percentage of the then unpaid aggregate principal amount of each Revolving Credit Advance (plus all accrued and unpaid interest) of such Revolving Credit Lender to the Borrowers Draw-to-Facility, as outstanding on the Revolving Credit Draw-to-Facility Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Revolving Credit Advance the unpaid principal Indebtedness outstanding under the Draw-to-Facility shall, from time to time from and after the date of such Advance Effective Date (until paid), bear interest at its Applicable Interest Ratethe Base Rate or the Eurodollar-based Rate as elected by Borrower in accordance with the terms and conditions set forth herein. There shall be no readvance or re-borrowings of any principal reductions of the Draw-to-Facility.
(b) Each Revolving Credit Draw-to-Facility Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the appropriate lending office of such Revolving Credit Draw-to-Facility Lender resulting from each Revolving Credit Advance of the Draw-to-Facility made by such lending office of such Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Revolving Credit Draw-to-Facility Lender from time to time under this Agreement.
(c) The Agent shall maintain the Register pursuant to Section 13.8(h13.8(g), and a subaccount therein for each Revolving Credit Draw-to-Facility Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount and currency of each Revolving Credit Advance of the Draw-to-Facility made hereunder, the type thereof and each Eurodollar-Interest Period applicable to any Table of Contents Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrowers to each Revolving Credit Draw-to-Facility Lender hereunder in respect of the Revolving Credit Advances of the Draw-to-Facility and (iii) both the amount of any sum received by the Agent hereunder from the Borrowers in respect of the Revolving Credit Advances of the Draw-to-Facility and each Revolving Credit Draw-to-Facility Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2(c) and Section 13.8(h) shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure of any Revolving Credit Draw-to-Facility Lender or the Agent to maintain the Register or any such account, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrowers to repay the Revolving Credit Advances of the Draw-to-Facility (and all other amounts owing with respect thereto) made to the Borrowers by the Revolving Credit Draw-to-Facility Lenders in accordance with the terms of this Agreement.
(e) The Borrowers agree that, upon written request to the Agent by any Revolving Credit Draw-to-Facility Lender, the Borrowers will execute and deliver to such Revolving Credit Draw-to-Facility Lender, at the Borrowers’ own Borrower’s expense, a Revolving Credit Draw-to-Facility Note evidencing the outstanding Revolving Credit Advances under the Draw-to-Facility owing to such Revolving Credit Draw-to-Facility Lender.
Appears in 1 contract
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.)