Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s share thereof. (d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement. (e) Xxxxxxxx’s obligations with respect to the 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. (a) The Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances Loans and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 and Section 12.7(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 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 Borrower to repay the Revolving Credit Advances Loans (and all other amounts owing with respect thereto) made to the 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) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Revolving Credit Advances Agent by any Lender, the Borrower will execute and deliver, to such Lender, at the Borrower’s own expense, a Note evidencing the outstanding Loans 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. (a) Borrower Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, Borrowers will execute and deliver to such Term Loan Lender, at Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Credit Agreement (National Technical Systems Inc /Ca/)
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) Borrower The Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(h13.8(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 Eurodollar-basedTerm SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrowers will promptly execute and deliver to such Term Loan Lender, at the Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect to the 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. (a) The Company 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 Company and each Permitted Borrower, and each Permitted Borrower hereby unconditionally 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 Borrower 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Company or the applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Company or such Permitted Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Administrative Agent (with a copy to the Company) by any Lender, the Company and each of the Permitted Borrowers will execute and deliver, to such Lender, at the 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 each Revolving Credit Lender shall be evidenced by a Revolving Credit Notesuch Lender; provided, executed and delivered by Borrower to each that the delivery of such Revolving Credit Lender. 4854-1287-6893.v9Notes 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) Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.. MRC Energy Company Credit Agreement 48
(e) XxxxxxxxBorrower agrees that, upon written request to Administrative Agent by any Revolving Credit Lender or Term Lender, as applicable, Borrower will execute and deliver, to such Revolving Credit Lender or Term Lender, as applicable, at Borrower’s obligations with respect to 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 each such Revolving Credit Lender shall be evidenced by a Revolving Credit Noteor Term Lender, executed as applicable, with appropriate insertions as to date and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9principal amount.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Company hereby unconditionally 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 Borrower 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Company or the applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Company or such Permitted Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Company agrees that, upon written request to the Agent (with a copy to Company) by any Lender, Company and each of the Permitted Borrowers will execute and deliver, to such Lender, at 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 each Revolving Credit Lender shall be evidenced by a Revolving Credit Notesuch Lender; provided, executed and delivered by Borrower to each that the delivery of such Revolving Credit Lender. 4854-1287-6893.v9Notes shall not be a condition precedent to the Restatement Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrower hereby unconditionally 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 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 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 11.8(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 [Eurodollar-based]BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrower will execute and deliver, to such Revolving Credit Lender, at the Borrower’s 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
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, Borrower will execute and deliver, to such Revolving Credit Lender, at Borrower's 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. (a) Borrower Company hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Company in respect of the Advances of the Revolving Credit Advances and Credit, each Revolving Credit XxxxxxBank’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 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of Borrower 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 Borrower Company to repay the Advances of the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Company agrees that, upon written request to the Revolving Credit Advances owing Agent by any Bank, Company will execute and deliver, to each Revolving Credit Lender shall be evidenced by such Bank, at Company’s own expense, a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9Note meeting the requirements of Section 2.1.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Subject to the terms and conditions hereof, (i) Autocam France hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the applicable Borrowers in respect of the Revolving Credit Advances of Term Loan A and/or Term Loan B and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Borrower 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 Borrower the applicable Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect to the 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
Samples: Revolving Credit and Term Loan Agreement (Autocam Corp/Mi)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, Borrower will execute and deliver, to such Revolving Credit Lender, at Borrower’s 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.v9In 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. (a) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(h13.8(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 Interest Period applicable to any BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLxxxxx’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect 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 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
Samples: Credit Agreement (Warby Parker Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s Borrower's obligations with respect to the 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. (a) Borrower The Borrowers, jointly and severally, hereby unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Administrative 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
Samples: Revolving and Term Loan Credit Agreement (American Midstream Partners, LP)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Each Borrower hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to paragraph paragraphs (ca) and (b) of this Section 2.2 shall, 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Each Borrower agrees that, upon written request to the Agent (with a copy to the Borrowers) by any Revolving Credit Bank, the Borrowers will execute and deliver, to such Revolving Credit Bank, at the Borrower's 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.v9Bank.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (MSC Software Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(de) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(ef) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, Borrowers will execute and deliver, to such Revolving Credit Lender, at 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
Samples: Revolving Credit Agreement (Obagi Medical Products, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Bank's share thereof.
(dc) The entries made in the Register and the accounts of each Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(ed) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Agent (with a copy to the Company) by any Bank, the Company will execute and deliver, to such Bank, at Company's own expense, a 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.v9Bank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) Borrower The Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrowers will promptly execute and deliver to such Term Loan Lender, at the Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will promptly 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
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower such Company by the Revolving Credit Lenders Bank in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Agent (with a copy to the Company) by any Bank, the Company will execute and deliver, to such Bank, at Company's 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 Notesuch Bank; PROVIDED, executed and delivered by Borrower to each that the delivery of such Revolving Credit Lender. 4854-1287-6893.v9Notes shall not be a condition precedent to the Effective Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 Borrower 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 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 11.8(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 Eurocurrency-Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances of the Term Loans and each Revolving Credit XxxxxxTerm Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Lender, Borrowers will execute and deliver to such Term Lender, at Borrower’s expense, a Term Note evidencing the outstanding Advances under the Term Loan, owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Lender. 4854-1287-6893.v9.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Each Borrower hereby unconditionally 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 Borrower the 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxBank’s share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of each of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Each Borrower agrees that, upon written request to the Revolving Credit Agent by any Term Loan Bank, the Borrowers will execute and deliver, to such Bank, at Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan, owing to each Revolving Credit Lender such Bank; provided, that the delivery of such Term Note shall not be evidenced by a Revolving Credit Note, executed and delivered by Borrower condition precedent to each such Revolving Credit Lender. 4854-1287-6893.v9the 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) Borrower Company hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any [BSBY Rate]Term SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Company in respect of the Advances of the Revolving Credit Advances and Credit, each Revolving Credit XxxxxxBank’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 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of Borrower 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 Borrower Company to repay the Advances of the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Company agrees that, upon written request to the Revolving Credit Advances owing Agent by any Bank, Company will execute and deliver, to each Revolving Credit Lender shall be evidenced by such Bank, at Company’s own expense, a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9Note meeting the requirements of Section 2.1.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrower hereby unconditionally 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 Borrower 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 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 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 Borrower to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrower will execute and deliver to such Term Loan Lender, at the Borrower’s expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan, owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) US Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit CAPEX Loan Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 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 US Borrower to repay the Revolving Credit Advances CAPEX Loan (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect US Borrower agrees that, upon written request to the Revolving Credit Agent by any Lender, US Borrower will execute and deliver, to such Lender a CAPEX Loan Note evidencing the outstanding CAPEX Loan 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. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Bank's share thereof.
(dc) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 shall, 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(ed) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Administrative Agent (with a copy to the Company) by any Revolving Credit Bank, the Company will execute and deliver, to such Revolving Credit Bank, at Company's 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.v9Bank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Equipment Credit Advances and each Revolving Equipment Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Equipment Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 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 Borrower to repay the Revolving Equipment Credit Advances (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Equipment Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Revolving Agent (with a copy to the Borrower) by any Equipment Credit Lender, the Borrower will execute and deliver, to such Equipment Credit Lender, at Borrower’s own expense, a separate Note evidencing each outstanding Equipment Credit Advance owing to such Equipment Credit Lender.
(f) The Equipment Credit Advances owing to each Revolving Credit Lender shall be evidenced by a Revolving repaid as follows:
(i) commencing on each anniversary date of the execution of this Agreement, the Equipment Credit NoteAdvances 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, executed July, October and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9January, 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) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Agent (with a copy to the Company) by any Revolving Credit Bank, the Company will execute and deliver, to such Revolving Credit Bank, at Company's 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.v9Bank.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Subject to the terms and conditions hereof, (i) Autocam France hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the applicable Borrowers in respect of the Revolving Credit Advances of Term Loan A and/or Term Loan B and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Borrower 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 Borrower the applicable Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Term Loan Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Bank, the Term Loan Borrowers will execute and deliver to such Bank, at such Borrowers' own expense, a Term Loan A Note and a Term Loan B Note of the relevant Term Loan Borrower evidencing the outstanding Advances under Term Loan A and Term Loan B, respectively, owing to each Revolving Credit Lender such Bank; provided, that the delivery of such Term Notes shall not be evidenced by a Revolving Credit Note, executed and delivered by Borrower condition precedent to each such Revolving Credit Lender. 4854-1287-6893.v9the 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) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (cSection 2.2(c) of this and Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect 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 each such Revolving Credit Lender shall be 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, executed Note and delivered by Borrower a Term Loan B Note issued to each a Lender shall not exceed the sum of such Lender’s Revolving Credit Lender. 4854-1287-6893.v9Commitment 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) Borrower The Borrowers hereby unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Acquisition Credit Advances and each Revolving Acquisition Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Acquisition Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Acquisition Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Acquisition Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Agent by any Acquisition Credit Lender, the Borrowers will execute and deliver, to such Acquisition Credit Lender, at Borrowers’ own expense, an Acquisition Credit Note evidencing the outstanding Acquisition Credit Advances owing to each Revolving such Acquisition Credit Lender Lender.
(f) The Acquisition Credit Advances shall be evidenced by 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 Revolving principal payment on such Equipment Acquisition Credit Note, executed and delivered by Borrower 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 Revolving Acquisition Credit LenderAdvance 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. 4854-1287-6893.v925% 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) Borrower Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances of the Term Loans and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, Borrowers will execute and deliver to such Term Loan Lender, at Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan, owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances of each of the Term Loans (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Revolving Credit Administrative Agent by any Term Loan Bank, the Company will execute and deliver, to such Bank, at the Company's own expense, a Term Note of the Company evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender such Bank; provided, that the delivery of such Term Notes shall not be evidenced by a Revolving Credit Note, executed and delivered by Borrower condition precedent to each such Revolving Credit Lender. 4854-1287-6893.v9the Effective Date.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) Borrower The Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(h13.8(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 Interest Period applicable to any Term SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrowers will promptly execute and deliver to such Term Loan Lender, at the Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, Borrowers will execute and deliver, to such Revolving Credit Lender, at 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
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, Borrowers will execute and deliver, to such Revolving Credit Lender, at 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
Samples: Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Company hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-basedBSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Company in respect of the Advances of the Revolving Credit Advances and Credit, each Revolving Credit XxxxxxBank’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 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of Borrower 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 Borrower Company to repay the Advances of the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Company agrees that, upon written request to the Revolving Credit Advances owing Agent by any Bank, Company will execute and deliver, to each Revolving Credit Lender shall be evidenced by such Bank, at Company’s own expense, a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9Note meeting the requirements of Section 2.1.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxBank’s share thereof.
(dc) The entries made in the Register and the accounts of each Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(ed) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Agent (with a copy to the Company) by any Bank, the Company will execute and deliver, to such Bank, at Company’s own expense, a 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.v9Bank.
Appears in 1 contract
Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (ai) The Borrower hereby unconditionally 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 Borrower the 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 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 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 Borrower to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrower will execute and deliver to such Term Loan Lender, at the Borrower’s expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Neophotonics Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Borrowers hereby unconditionally 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 Borrower 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 Borrower 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect 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 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
Samples: Credit Agreement (Bazaarvoice Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Company hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Company or the applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(dc) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Company or such Permitted Borrower by the such Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(ed) Xxxxxxxx’s obligations with respect 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, to such Revolving Credit Lender, at 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 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; 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) Each Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 applicable Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 each Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to such Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Agent (with a copy to Holdings) by any Lender, each of the Borrowers will execute and deliver, to such Lender, at such Borrower's 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 Notesuch Lender; provided, executed and delivered by Borrower to each that the delivery of such Revolving Credit Lender. 4854-1287-6893.v9Notes 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) Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 shall, 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the such Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Agent (with a copy to Borrower) by any Revolving Credit Lender, Borrower will execute and deliver to such Revolving Credit Lender, at Borrower’s 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; 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) Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, Borrower will execute and deliver, to such Revolving Credit Lender, at Borrower’s 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. (a) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(h13.8(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 Interest Period applicable to any Term SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will promptly 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. (a) Borrower hereby unconditionally 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 Borrower 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances of Term Loan B and each Revolving Credit XxxxxxTerm Loan B Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 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 Borrower to repay the Revolving Credit Advances of Term Loan B (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Term Loan B Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrower agrees that, upon written request to the Revolving Credit Agent by any Term Loan B Lender, Borrower will execute and deliver to such Term Loan B Lender, at Borrower’s expense, a Term Loan B Note evidencing the outstanding Advances under Term Loan B owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan B Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(h13.8(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 Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (cSection 2.2(c) of this and Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect 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 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
Samples: Revolving Credit and Term Loan Agreement (RetailMeNot, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect to the 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
Samples: Mortgage Warehousing Agreement
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, Borrower will execute and deliver, to such Revolving Credit Lender, at Borrower’s 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.v9In 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) The Borrower hereby unconditionally 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 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrower will execute and deliver, to such Revolving Credit Lender, at the Borrower’s 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
Samples: Revolving Credit and Term Loan Agreement (Neophotonics Corp)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Each Borrower hereby unconditionally 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 Borrower Parent 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 a Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Each Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, Borrowers will execute and deliver, to such Revolving Credit Lender, at 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. (a) Borrower The Company hereby unconditionally 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 Borrower the 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 Borrower the 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower the Company in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxBank’s share thereof.
(d) The entries made in the Register and the accounts of each Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower the 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 Borrower the Company to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Company by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Agent (with a copy to the Company) by any Bank, the Company will execute and deliver, to such Bank, at Company’s own expense, a 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.v9Bank.
Appears in 1 contract
Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower (i) The Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Credit Administrative Agent by any Term Loan Lender, the Borrowers will execute and deliver to such Term Loan Lender, at the Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving and Term Loan Credit Agreement (American Midstream Partners, LP)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 shall, 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the such Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Agent (with a copy to Borrower) by any Revolving Credit Lender, Borrower will execute and deliver to such Revolving Credit Lender, at Borrower’s 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; 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) Borrower The Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(h13.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (cSection 4.2(c) of this and Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrowers will execute and deliver to such Term Loan Lender, at the Borrowers’ expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (RetailMeNot, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 and Section 13.8(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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect 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 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
Samples: Revolving Credit Agreement (Bridgepoint Education Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Equipment Credit Advances and each Revolving Equipment Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Equipment Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 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 Borrower to repay the Revolving Equipment Credit Advances (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Equipment Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Revolving Agent (with a copy to the Borrower) by any Equipment Credit Lender, the Borrower will execute and deliver, to such Equipment Credit Lender, at Borrower’s own expense, a separate Note evidencing each outstanding Equipment Credit Advance owing to such Equipment Credit Lender.
(f) The Equipment Credit Advances owing to each Revolving Credit Lender shall be evidenced by a Revolving repaid as follows:
(i) commencing on each anniversary date of the execution of this Agreement, the Equipment Credit NoteAdvances 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, executed July, October and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9January, 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) Each Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 such Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to such Borrower by the Revolving Credit Lenders Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect 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, to such Revolving Credit Lender, at such Borrower’s 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; 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) Each Borrower hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxBank’s share thereof.
(d) The entries made in the Register and the accounts of each Revolving Credit Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 shall, shall absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon reasonable written request to the Agent (with a copy to the Borrowers) by any Revolving Credit Bank, the Borrowers will execute and deliver, to such Revolving Credit Bank, 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.v9Bank.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Staktek Holdings Inc)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, Borrowers will execute and deliver, to such Revolving Credit Lender, at 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
Samples: Credit Agreement (National Technical Systems Inc /Ca/)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Borrowers hereby unconditionally promises 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 Borrower the 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit Xxxxxx’s Bank's share thereof.
(d) The entries made in the Register and the accounts of each Term Loan Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances of each of the Term Loan (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders such Bank in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Bank, the Borrowers will execute and deliver, to such Bank, at the Borrowers' own expense, a Term Loan Note of the Borrowers evidencing the outstanding Advances under Term Loan owing to each Revolving Credit Lender such Bank; provided, that the delivery of such Term Notes shall not be evidenced by a Revolving Credit Note, executed and delivered by Borrower condition precedent to each such Revolving Credit Lender. 4854-1287-6893.v9the 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) Borrower Company hereby unconditionally 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 Borrower the 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 Borrower 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 11.8(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 Eurocurrency-Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Company in respect of the Revolving Credit Term Loan Advances and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 Borrower 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 Borrower Company to repay the Revolving Credit Advances Term Loan Advance (and all other amounts owing with respect thereto) made to Borrower Company by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Company agrees that, upon written request to the Revolving Credit Advances Agent by any Term Loan Lender, Company will execute and deliver to such Term Loan Lender, at Company’s expense, a Term Loan Note evidencing the outstanding Term Loan Advance, owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 Borrower the 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Term Loan Advances and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 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 Borrower to repay the Revolving Credit Term Loan Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrower agrees that, upon written request to the Revolving Credit Agent by any Term Loan Lender, Borrower will execute and deliver to such Term Loan Lender, at Borrower’s expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Credit Agreement (Universal Truckload Services, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Each Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 applicable Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 each Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to such Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations The Borrowers agree that, upon written request to the Agent (with respect a copy to Holdings) by any Lender, each of the Borrowers will execute and deliver, to such Lender, at such Borrower's own expense, a Revolving Credit Note evidencing an amount equal to such Lender's Percentage of the Revolving Credit Advances owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit NoteAggregate Commitment; provided, executed and delivered by Borrower to each that the delivery of such Revolving Credit Lender. 4854-1287-6893.v9Notes 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) Borrower Borrowers hereby unconditionally promises 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 Borrower 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 Borrower 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances under Term Loan A and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Term Loan Advances of Term Loan A (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Revolving Credit Agent by any Term Loan Lender, Borrowers will execute and deliver to such Term Loan Lender, at Borrowers’ expense, a Term Loan A Note evidencing the outstanding Advances under Term Loan A owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower The Borrowers hereby jointly and severally and unconditionally promises 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 Borrower 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 Borrower 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 11.8(h13.8(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 Eurodollar-basedTerm SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower the Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph clause (c) of this Section 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 Borrower 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 Borrower the Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower the Borrowers by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrowers agree that, upon written request to the Agent by any Revolving Credit Lender, the Borrowers will promptly 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
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrower hereby unconditionally 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 Borrower 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 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 11.8(h13.8(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 [Eurodollar-based]BSBY Rate Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances of the Term Loan and each Revolving Credit XxxxxxTerm Loan Lender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.2 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 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 Borrower to repay the Revolving Credit Advances of the Term Loan (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Credit Term Loan Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Revolving Credit Agent by any Term Loan Lender, the Borrower will execute and deliver to such Term Loan Lender, at the Borrower’s expense, a Term Loan Note evidencing the outstanding Advances under the Term Loan, owing to each Revolving Credit Lender shall be evidenced by a Revolving Credit Note, executed and delivered by Borrower to each such Revolving Credit Term Loan Lender. 4854-1287-6893.v9.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Borrower hereby unconditionally 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 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 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 11.8(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 Eurodollar-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxLender’s share thereof.
(d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Borrower agrees that, upon written request to the Agent by any Revolving Credit Lender, the Borrower will execute and deliver, to such Revolving Credit Lender, at the Borrower’s 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
Samples: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Company and each Permitted Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower the 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 Company or the applicable Permitted Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’s Lender's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph paragraphs (b) and (c) of this Section 2.2 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 Borrower 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 Company and each Permitted Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Company or such Permitted Borrower by the Revolving Credit Lenders such Lender in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect The Company agrees that, upon written request to the Administrative Agent (with a copy to the Company) by any Lender, the Company and each of the Permitted Borrowers will execute and deliver, to such Lender, at the 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 each Revolving Credit Lender shall be evidenced by a Revolving Credit Notesuch Lender; provided, executed and delivered by Borrower to each that the delivery of such Revolving Credit Lender. 4854-1287-6893.v9Notes 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) Borrower hereby unconditionally 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 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 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 11.8(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, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances type thereof and each Revolving Credit Xxxxxx’s share thereof.
(d) The entries made in the Register maintained pursuant Eurodollar-Interest Period applicable to paragraph (c) of this Section 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 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect to the 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. 4854Eurodollar-1287-6893.v9based Advance,
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (LINC Logistics Co)
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower hereby unconditionally 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 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 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 11.8(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 Interest Period applicable to any SOFR Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower in respect of the Revolving Credit Advances and each Revolving Credit Xxxxxx’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 shall, absent manifest error, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of 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 Borrower to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower by the Revolving Credit Lenders in accordance with the terms of this Agreement.
(e) XxxxxxxxBorrower agrees that, upon written request to Administrative Agent by any Revolving Credit Lender or Term Lender, as applicable, Borrower will execute and deliver, to such Revolving Credit Lender or Term Lender, as applicable, at Borrower’s obligations with respect to 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 each such Revolving Credit Lender shall be evidenced by a Revolving Credit Noteor Term Lender, executed as applicable, with appropriate insertions as to date and delivered by Borrower to each such Revolving Credit Lender. 4854-1287-6893.v9principal amount.
Appears in 1 contract
Accrual of Interest and Maturity; Evidence of Indebtedness. (a) Borrower Borrowers hereby unconditionally 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 Borrower 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 Borrower 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 11.8(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 Interest Period applicable to any Eurocurrency-based Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrower 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 Borrower Borrowers in respect of the Revolving Credit Advances and each Revolving Credit XxxxxxBank’s share thereof.
(d) The entries made in the Register and the accounts of each Bank maintained pursuant to paragraph paragraphs (b) and (c) of this Section 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 Borrower 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 Borrower Borrowers to repay the Revolving Credit Advances (and all other amounts owing with respect thereto) made to Borrower Borrowers by the Revolving Credit Lenders Banks in accordance with the terms of this Agreement.
(e) Xxxxxxxx’s obligations with respect Borrowers agree that, upon written request to the Agent (with a copy to Borrowers) by any Bank, Borrowers will execute and deliver, to such Bank, at 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.v9Bank.
Appears in 1 contract
