Evidence of Debt; Repayment of Loans. (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the principal amount of each Loan of such Lender as provided in Section 2.10. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (c) Any Lender may request that Loans made by it hereunder be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to such Lender a promissory note payable to such Lender and its registered assigns in customary form and substance (as determined by the Borrower and the Administrative Agent). Notwithstanding any other provision of this Agreement, in the event any Lender shall request and receive such a promissory note, the interests represented by such note shall at all times thereafter (including after any assignment of all or part of such interests pursuant to Section 9.04) be represented by one or more promissory notes payable to the payee named therein or its registered assigns.
Appears in 2 contracts
Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)
Evidence of Debt; Repayment of Loans. (ai) The Borrower Company hereby unconditionally promises to pay to the Administrative Agent (a) for the account of the Swingline Lender, the then unpaid principal amount of each Swingline Loan, on the date of each borrowing of a Revolving Loan or, if earlier, on the Revolving Loan Commitment Termination Date, (b) for the account of each Lender holding Term Loans, the principal amount of each Term Loan of such Lender as provided in Section 2.10subsection 2.4A and (c) for the account of each Lender holding Revolving Loans, the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Loan Commitment Termination Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(cii) Any Lender may request that the Loans made by it hereunder be evidenced by a promissory note. In such event, the Borrower Company shall execute and deliver to such Lender a promissory note payable to such Lender and its registered assigns and in customary a form and substance (as determined by the Borrower and reasonably acceptable to the Administrative Agent)Agent and Company. Notwithstanding any other provision of this Agreement, in the event any Lender shall request and receive such a promissory note, the interests represented by such note shall at all times thereafter (including after any assignment of all or part of such interests pursuant to Section 9.04subsection 10.1) be represented by one or more promissory notes payable to the payee named therein or its registered assigns.
Appears in 2 contracts
Samples: Credit Agreement (Chippac Inc), Credit Agreement (Chippac LTD)
Evidence of Debt; Repayment of Loans. (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the principal amount of each Loan of such Lender as provided in Section 2.10on the Maturity Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) The entries made in the account maintained pursuant to paragraph (b) above shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(d) Any Lender may request that Loans made by it hereunder be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to such Lender a promissory note payable to such Lender and its permitted registered assigns in customary form and substance (as determined by reasonably acceptable to the Borrower and the Administrative Agent)Lenders. Notwithstanding any other provision of this Agreement, in the event any Lender shall request and receive such a promissory note, the interests represented by such note shall at all times thereafter (including after any assignment of all or part of such interests pursuant to Section 9.04) be represented by one or more promissory notes payable to the payee named therein or its registered assigns.
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Geokinetics Inc), Senior Subordinated Loan Agreement (Avista Capital Partners, L.P.)
Evidence of Debt; Repayment of Loans. (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for Agent, on behalf of the account of each Lender Lenders, the principal amount of each Loan of such Lender the Term Loans as provided in Section 2.10Section 2.06.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement.
(c) Any The entries made in the accounts maintained pursuant to paragraph (a) above shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans in accordance with their terms.
(d) Each Lender, through the Agent, may request that Loans made by it hereunder the Term Loan be evidenced by a promissory noteNote. In such event, the Borrower shall execute and deliver to such Lender a promissory note Note payable to such the Lender and its registered assigns in customary form and substance (as determined by the Borrower and the Administrative Agent)assigns. Notwithstanding any other provision of this Agreement, in the event any Lender the Lenders, throught the Agent, shall request and receive such a promissory noteNote, the interests represented by such note Note shall at all times thereafter (including after any assignment of all or part of such interests pursuant to Section 9.04Section 8.04) be represented by one or more promissory notes Notes payable to the payee named therein or its registered assigns.
Appears in 1 contract
Samples: Credit Agreement (Electronic Cigarettes International Group, Ltd.)