Common use of Acquisition Loan Notes Clause in Contracts

Acquisition Loan Notes. (i) All Acquisition Loan Advances made by each Acquisition Lender shall be evidenced by the Acquisition Loan Note of the Borrower in the form of EXHIBIT A hereto (each an "ACQUISITION LOAN NOTE" and, collectively, the "ACQUISITION LOAN NOTES"), dated the Closing Date, payable to the order of such Lender for the account of its Applicable Lending Office in an aggregate principal amount equal to its Pro Rata Share of the Maximum Acquisition Loan Amount and otherwise duly completed. Each Acquisition Loan Note shall (A) represent the Borrower's obligation to pay the aggregate unpaid principal amount of all outstanding Acquisition Loan Advances made by such Acquisition Lender, (B) be stated to mature on the Final Maturity Date, (C) bear interest for the period from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum provided in, and payable as specified in, this Agreement, and (D) be entitled to the benefits of this Agreement and the Security Documents. (ii) Each Acquisition Lender is hereby authorized to record the date and the amount of each Acquisition Loan Advance made by it and the Type thereof and the date and amount of each payment and prepayment of principal made with respect thereto, and all Conversions of such Advances pursuant to Section 2.04, and prior to any Transfer of its Acquisition Loan Note, may annotate on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Acquisition Loan Advance then outstanding; PROVIDED, that, failure by such Acquisition Lender to make any such annotation or any error therein shall not affect the obligations of the Borrower hereunder or under such Acquisition Loan Note in respect of such Acquisition Loan Advances evidenced thereby. Each Acquisition Lender is hereby irrevocably authorized by the Borrower to endorse its Acquisition Loan Note and to attach to and make a part of its Acquisition Loan Note a continuation of such schedule as and when required.

Acquisition Loan Notes. (i) All Acquisition Loan Advances made by each Acquisition Lender shall be evidenced by the Acquisition Loan Note of the Borrower in the form of EXHIBIT Exhibit A hereto (each an "ACQUISITION LOAN NOTEAcquisition Loan Note" and, collectively, the "ACQUISITION LOAN NOTESAcquisition Loan Notes"), dated the Closing Restructuring Effective Date, payable to the order of such Acquisition Lender for the account of its Applicable Lending Office in an aggregate principal amount equal to its Pro Rata Share of the Maximum Acquisition Loan Amount and otherwise duly completed. Each Acquisition Loan Note shall (A) represent the Borrower's obligation to pay the aggregate unpaid principal amount of all outstanding Acquisition Loan Advances made by such Acquisition Lender, (B) be stated to mature on the Final Maturity Date, (C) bear interest for the period from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum provided in, and payable as specified in, this Agreement, and (D) be entitled to the benefits of this Agreement and Agreement, the Security Documents, the Subsidiary Guarantees, the GP Guarantee, the LP Guarantee, the OPMW Guarantee and the Holdco Guarantee. (ii) Each Acquisition Lender is hereby authorized to record the date and the amount of each Acquisition Loan Advance made by it and the Type thereof and the date and amount of each payment and prepayment of principal made with respect thereto, and all Conversions of such Advances pursuant to Section 2.04, and prior to any Transfer of its Acquisition Loan Note, may annotate on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Acquisition Loan Advance then outstanding; PROVIDEDprovided, that, failure by such Acquisition Lender to make any such annotation or any error therein shall not affect the obligations of the Borrower hereunder or under such Acquisition Loan Note in respect of such Acquisition Loan Advances evidenced thereby. Each Acquisition Lender is hereby irrevocably authorized by the Borrower to endorse its Acquisition Loan Note and to attach to and make a part of its Acquisition Loan Note a continuation of such schedule as and when required.

Acquisition Loan Notes. (i) All Acquisition Loan Advances made by each Acquisition Lender shall be evidenced by the Acquisition Loan Note of the Borrower in the form of EXHIBIT Exhibit A hereto (each an "ACQUISITION LOAN NOTEAcquisition Loan Note" and, collectively, the "ACQUISITION LOAN NOTESAcquisition Loan Notes"), dated the Closing Date, payable to the order of such Lender for the account of its Applicable Lending Office in an aggregate principal amount equal to its Pro Rata Share of the Maximum Acquisition Loan Amount and otherwise duly completed. Each Acquisition Loan Note shall (A) represent the Borrower's obligation to pay the aggregate unpaid principal amount of all outstanding Acquisition Loan Advances made by such Acquisition Lender, (B) be stated to mature on the Final Maturity Date, (C) bear interest for the period from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum provided in, and payable as specified in, this Agreement, and (D) be entitled to the benefits of this Agreement Agreement, the Security Documents and the Security DocumentsSubsidiary Guarantees. (ii) Each Acquisition Lender is hereby authorized to record the date and the amount of each Acquisition Loan Advance made by it and the Type thereof and the date and amount of each payment and prepayment of principal made with respect thereto, and all Conversions of such Advances pursuant to Section 2.04, and prior to any Transfer of its Acquisition Loan Note, may annotate on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Acquisition Loan Advance then outstanding; PROVIDEDprovided, that, failure by such Acquisition Lender to make any such annotation or any error therein shall not affect the obligations of the Borrower hereunder or under such Acquisition Loan Note in respect of such Acquisition Loan Advances evidenced thereby. Each Acquisition Lender is hereby irrevocably authorized by the Borrower to endorse its Acquisition Loan Note and to attach to and make a part of its Acquisition Loan Note a continuation of such schedule as and when required.

Acquisition Loan Notes. (i) All Acquisition Loan Advances made by each Acquisition Lender shall be evidenced by the Acquisition Loan Note of the Borrower in the form of EXHIBIT Exhibit A hereto (each an "ACQUISITION LOAN NOTEAcquisition Loan Note" and, collectively, the "ACQUISITION LOAN NOTESAcquisition Loan Notes"), dated the Closing Restructuring Effective Date, payable to the order of such Acquisition Lender for the account of its Applicable Lending Office in an aggregate principal amount equal to its Pro Rata Share of the Maximum Acquisition Loan Amount and otherwise duly completed. Each Acquisition Loan Note shall (A) represent the Borrower's obligation to pay the aggregate unpaid principal amount of all outstanding Acquisition Loan Advances made by such Acquisition Lender, (B) be stated to mature on the Final Maturity Date, (C) bear interest for the period from the date thereof until paid in full on the unpaid principal amount thereof from time to time outstanding at the applicable interest rate per annum provided in, and payable as specified in, this Agreement, and (D) be entitled to the benefits of this Agreement and Agreement, the Security Documents, the Twelvepole Guarantee, the GP Guarantee, the LP Guarantee, the OPNY Guarantee and the Holdco Guarantee. (ii) Each Acquisition Lender is hereby authorized to record the date and the amount of each Acquisition Loan Advance made by it and the Type thereof and the date and amount of each payment and prepayment of principal made with respect thereto, and all Conversions of such Advances 45 pursuant to Section 2.04, and prior to any Transfer of its Acquisition Loan Note, may annotate on the schedule forming a part thereof appropriate notations to evidence the foregoing information with respect to each such Acquisition Loan Advance then outstanding; PROVIDEDprovided, that, failure by such Acquisition Lender to make any such annotation or any error therein shall not affect the obligations of the Borrower hereunder or under such Acquisition Loan Note in respect of such Acquisition Loan Advances evidenced thereby. Each Acquisition Lender is hereby irrevocably authorized by the Borrower to endorse its Acquisition Loan Note and to attach to and make a part of its Acquisition Loan Note a continuation of such schedule as and when required.