Committed Notes. The Company's obligation to repay the Committed Loans shall be evidenced by Committed Notes, one such Committed Note payable to the order of each Bank. The Committed Note of each Bank shall (i) be in the principal amount of such Bank's Commitment, (ii) be dated the date of the initial Committed Loan and (iii) be stated to mature on the Termination Date as such date may be extended hereunder and bear interest from its date until maturity on the principal balance (from time to time outstanding thereunder) payable at the rates and in the manner provided herein. Each Bank is authorized to indicate upon the grid attached to its Committed Note all Committed Loans made by it pursuant to this Agreement, interest elections and payments of principal and interest thereon. Such notations shall be presumptive as to the aggregate unpaid principal amount of all Committed Loans made by such Bank, and interest due thereon, but the failure by any Bank to make such notations or the inaccuracy or incompleteness of any such notations shall not affect the obligations of the Company hereunder or under the Committed Notes.
Committed Notes. The Committed Loans of each Bank shall be evidenced by a Committed Note payable to the order of such Bank in the original principal amount of such Bank's Commitment. Each Bank shall record in its records, or at its option on the schedule attached to its Committed Note, the date and amount of each Loan made by such Bank thereunder, each repayment or prepayment thereof, and, if applicable, the dates on which the Loan Period for such Loan shall begin and end. The aggregate unpaid principal amount so recorded shall be rebuttable presumptive evidence of the principal amount owing and unpaid on such Note. The failure to so record or any error in so recording any such amount or any payment thereof shall not, however, limit or otherwise affect the obligations of the Company hereunder or under such Committed Note to repay the principal amount of each Committed Loan together with all interest accruing thereon.
Committed Notes. The Committed Loans made by each Lender shall be evidenced by a duly executed promissory note of the Borrower to each Lender in substantially the form of Schedule 2.1(e).
Committed Notes. Borrowers’ obligations under the Committed Loans shall be evidenced by Committed Notes in favor of the respective Lenders in the form included as Schedule 2.5 hereto payable to each Lender for its Revolving Credit Commitment.
Committed Notes. The Revolving Loans shall be evidenced by a duly executed Committed Note in favor of each Lender.
Committed Notes. The Committed Loans of each Bank shall be evidenced by a Committed Note payable to the order of such Bank in the original principal amount of such Bank's Commitment. Each Bank shall record in its records, or at its option on
Committed Notes. The Advances under Section 2.02(a) and Section 2.02(b) hereof by a Bank shall be evidenced by a promissory note (each a "Committed Note" and collectively, the "Committed Notes") of Borrower, which Committed Note shall (i) be dated the date hereof, (ii) be in the amount of such Bank's Revolving Credit Commitment, (iii) be payable to the order of such Bank at the office of Agent, (iv) bear interest in accordance with Section 3.02 hereof, and (v) be in the form of Exhibit "A" attached hereto with blanks appropriately completed in conformity herewith. Notwithstanding the principal amount of any Bank's Committed Note as stated on the face thereof, the amount of principal actually owing on such Committed Note at any given time shall be in the aggregate of all Advances theretofore made to Borrower by such Bank hereunder, less all payments of principal theretofore actually received hereunder by Bank. Each Bank is authorized, but is not required, to endorse on the schedule attached to its Committed Note appropriate notations evidencing the date and amount of each Advance as well as the amount of each payment made by Borrower hereunder.
Committed Notes. A duly executed promissory note, drawn to the order of each Bank, in the form of Exhibit"A" attached hereto with appropriate insertions.
Committed Notes. Each Bank shall deliver its prior Committed --------------- Note against receipt of this replacement Committed Note hereunder.
Committed Notes. (a) The Issuer may on two occasions, subject only to the terms and conditions set forth in and pursuant to this Section 2.13 and in Article 9 of the Note Purchase Agreement, issue 9.50% Unsecured PIK Toggle Notes due 2026 under this Indenture in an aggregate principal amount not to exceed (in the aggregate for both such occasions) $50,000,000 (the “Committed Notes”). The Committed Notes shall rank pari passu with the existing Notes and shall be consolidated with and form a single class with the existing Notes and shall have identical terms as the Initial Notes, other than, if applicable, with respect to the date of issuance, issue price, amount of interest payable on the first Interest Payment Date applicable thereto and transfer restrictions; provided that the Committed Notes will not be issued with the same CUSIP, if any, as any Notes then existing unless such Committed Notes are fungible with such Notes then existing for U.S. federal income tax purposes. For the avoidance of doubt, the Committed Notes shall constitute “Notes” under this Indenture.
(b) On any Subsequent Closing Date, the Issuer shall deliver to the Trustee an Issuer Order, Officer’s Certificate and Opinion of Counsel for the Committed Notes to be issued on such Subsequent Closing Date specifying the aggregate principal amount of Committed Notes to be issued and authenticated on such Subsequent Closing Date and an Officer’s Certificate certifying that the conditions set forth in this Indenture and Article 9 of the Note Purchase Agreement with respect to the issuance of the Committed Notes have been satisfied or waived. The Trustee shall be entitled to conclusively rely on such Officer’s Certificate in authenticating Committed Notes.
