Common use of Agreement to Repay Loans; Evidence of Debt Clause in Contracts

Agreement to Repay Loans; Evidence of Debt. (a) Products hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 11.06) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Samples: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), Restatement Agreement (Rayonier Advanced Materials Inc.)

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Agreement to Repay Loans; Evidence of Debt. (a) Products hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility The Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date. The Borrowers are jointly and severally liable for all ABL Credit Obligations. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable each Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Samples: Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)

Agreement to Repay Loans; Evidence of Debt. (a) Products hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date. All Borrowers are jointly and severally liable for all ABL Credit Obligations. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, the Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Samples: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.)

Agreement to Repay Loans; Evidence of Debt. (a) Products hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility (a) The Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and and, (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date., and (iii) to the Administrative Agent for the account of each Term Loan Lender the then unpaid principal amount of each Term Loan of such Lender on the Facility Maturity Date. The Borrowers are jointly and severally liable for all ABL Credit Obligations. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable each Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Constellium Se)

Agreement to Repay Loans; Evidence of Debt. (a) Products The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers Borrower and the Designated Borrower, as applicable, hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each the Borrower and the Designated Borrower, as applicable, to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each the Borrower and the Designated Borrower, as applicable, to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower and the Designated Borrower, as applicable, to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such the Borrower. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 11.06) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Rayonier Advanced Materials Inc.)

Agreement to Repay Loans; Evidence of Debt. (a) Products The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date2.07. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, the Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 2.06 shall be prima facie conclusive evidence of the existence and amounts of the obligations recorded therein, absent manifest error; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans 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 Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (e) Any Lender may request that Loans made by it be evidenced by a promissory note substantially in the form of Exhibit D hereto (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower). Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Altisource Portfolio Solutions S.A.)

Agreement to Repay Loans; Evidence of Debt. (a) Products hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility The Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and Date, (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date, and (iii) to the Administrative Agent for the account of each Term Loan Lender the then unpaid principal amount of each Term Loan of such Lender on the Facility Maturity Date. The Borrowers are jointly and severally liable for all ABL Credit Obligations. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable any Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable each Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Constellium Se)

Agreement to Repay Loans; Evidence of Debt. (a) Products Borrowers hereby unconditionally promises promise to pay (i) to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date. All Borrowers are jointly and severally liable for all Obligations. (ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, Borrowers to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, Borrowers to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent Party to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement. In the case of a conflict between the account maintained pursuant to paragraphs (b) and (c) of this Section 2.09, the entries in the account maintained by Agent shall control. (ed) Any Lender may request that Loans made by it be evidenced by a promissory note (a "Note"). In such event, the applicable Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such BorrowerBorrowers. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Post Petition Credit Agreement (Noranda Aluminum Holding CORP)

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Agreement to Repay Loans; Evidence of Debt. (a) Products The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date2.07. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, the Borrower to such Lender resulting from each Loan made by such LenderXxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, the Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 2.06 shall be prima facie conclusive evidence of the existence and amounts of the obligations recorded therein, absent manifest error; provided, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of any conflict between the accounts and records maintained by any Xxxxxx and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (e) Any Lender may request that Loans made by it be evidenced by a promissory note substantially in the form of Exhibit D hereto (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 11.06) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns).43 #96555161v28

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Altisource Portfolio Solutions S.A.)

Agreement to Repay Loans; Evidence of Debt. (a) Products The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date2.07. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, the Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 2.06 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Metals Usa Holdings Corp.)

Agreement to Repay Loans; Evidence of Debt. (a) Products 3. Each Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date2.07. (ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 2.06 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable each Borrower to repay the Loans in accordance with the terms of this Agreement. In the case of a conflict between the account maintained pursuant to paragraphs (b) and (c) of this Section 2.06, the entries in the account maintained by the Administrative Agent shall control. (ed) Any Lender may request that Loans made by it be evidenced by a promissory note (a “Note”). In such event, the applicable Borrower Representative shall prepare, execute and deliver to such Lender a Note promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrowerthe Borrower Representative. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Noranda Aluminum Holding CORP)

Agreement to Repay Loans; Evidence of Debt. (a) Products The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-1 Lender the then unpaid principal amount of each Term A-1 Loan of such Term A-1 Lender as provided in Section 2.10. Performance Fibers hereby unconditionally promises to pay to the Administrative Agent for the account of each Term A-2 Lender the then unpaid principal amount of each Term A-2 Loan of such Term A-2 Lender as provided in Section 2.10. Each of the applicable Revolving Facility Borrowers hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Revolving Facility Lender the then unpaid principal amount of their respective Borrowings of each Revolving Facility Loan of such Revolving Facility Lender on the Revolving Facility Maturity Date and (ii) to the Swing Line Lender the then unpaid principal amount of their respective Borrowings of each Swing Line Loan on the earlier to occur of (x) the date that is ten Business Days after such Swing Line Loan is made and (y) the Revolving Facility Maturity Date2.07. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower, as applicable, the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount and currency of each Loan made hereunder, the Facility and Type thereof and the Interest Period (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower, as applicable, the Borrower to each Lender hereunder and (iii) any amount received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 2.06 shall be prima facie conclusive evidence of the existence and amounts of the obligations recorded therein, absent manifest error; provided, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans 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 Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (e) Any Lender may request that Loans made by it be evidenced by a promissory note substantially in the form of Exhibit D-1 or D-2 hereto (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form approved by the Administrative Agent and reasonably acceptable to such Borrower). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 11.0610.06) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Altisource Portfolio Solutions S.A.)

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