Common use of Evidence of Indebtedness; Notes Clause in Contracts

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. (b) Any Lender may request that its Commitment to the Borrower be evidenced by a Revolving Note or Term Note, as applicable. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Revolving Note or Term Note, as applicable, payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Revolving Note or Term Note, as applicable, and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Revolving Note or Term Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Revolving Note or Term Note, as applicable, for cancellation and requests that such Advances once again be evidenced as described in clauses (a) and (b) of this Section 2.03. (c) With respect to any Mandatory Revolving Conversion Date, each Revolving Lender that holds a Revolving Note in respect of a Converted Revolving Advance shall cooperate with the Borrower to either (i) deliver such Revolving Note for cancellation to the extent that the Revolving Commitment of such Revolving Lender is terminated in full or (ii) make a notation on Schedule I to the Revolving Note to reduce the principal amount of Revolving Advances outstanding thereunder in respect of any Converted Revolving Advances, and simultaneously with any such cancellation or notation described in subclauses (i) and (ii) above, the Borrower shall cooperate with each respective Term Lender to execute and deliver a Term Note in respect of the Converted Revolving Advance that is payable to such Term Lender.

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to itsuch Xxxxxx, from time to time hereunder. (b) Any Lender may request that its Commitment to the Borrower be evidenced by a Revolving Note or Term Note, as applicable. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Revolving Note or Term Note, marked on its face as applicable, payable to such Lender and otherwise appropriately completed, in the case of a Term Note in the form of Exhibit A-1 and, in the case of a Revolving Note, in the form of Exhibit A-2. Thereafter, the Advances of such Lender evidenced by such Revolving Note or Term Note, as applicable, and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Revolving such Note or Term Note marked on its face as payable to such Lender (or to such registered assigns as may become entitled to payment pursuant to Section 12.06(a)), except to the extent that unless such Lender (or assigneeregistered assigns) subsequently returns any such Revolving Note or Term Note, as applicable, for cancellation and requests that such Advances once again be evidenced as described in clauses clause (a) and (b) of this Section 2.03. (c) With respect to any Mandatory Revolving Conversion Date, each Revolving Lender that holds a Revolving Note in respect of a Converted Revolving Advance shall cooperate with the Borrower to either (i) deliver such Revolving Note for cancellation to the extent that the Revolving Commitment of such Revolving Lender is terminated in full or (ii) make a notation on Schedule I to the Revolving Note to reduce the principal amount of Revolving Advances outstanding thereunder in respect of any Converted Revolving Advances, and simultaneously with any such cancellation or notation described in subclauses (i) and (ii) above, the Borrower shall cooperate with each respective Term Lender to execute and deliver a Term Note in respect of the Converted Revolving Advance that is payable to such Term Lender.

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Advances Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC. (b) Subject to the Register in Section 12.5(f) which shall control in all cases, the entries maintained in the accounts maintained pursuant to clause (a) of this Section 2.3 shall be prima facie evidence of the existence and amounts of the Loans therein recorded, absent manifest error; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (c) Any Lender may request that its Commitment Loans to the Borrower be evidenced by a Revolving Note or Term Note, as applicable. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Revolving Note or Term Note, as applicable, payable to such Lender and its registered assigns and otherwise appropriately completed. Thereafter, to the Advances extent reflected in the Register, the Loans of such Lender evidenced by such Revolving Note or Term Note, as applicable, and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)12.5) be represented by a Revolving Note one or Term Note more Notes payable to such Lender (or and its registered assigns pursuant to Section 12.06(a))assigns, except to the extent that such Lender (or registered assignee) subsequently returns any such Revolving Note or Term Note, as applicable, for cancellation and requests that such Advances Loans once again be evidenced as described in clauses clause (a) and (b) of this Section 2.032. (c) With respect to any Mandatory Revolving Conversion Date, each Revolving Lender that holds a Revolving Note in respect of a Converted Revolving Advance shall cooperate with the Borrower to either (i) deliver such Revolving Note for cancellation to the extent that the Revolving Commitment of such Revolving Lender is terminated in full or (ii) make a notation on Schedule I to the Revolving Note to reduce the principal amount of Revolving Advances outstanding thereunder in respect of any Converted Revolving Advances, and simultaneously with any such cancellation or notation described in subclauses (i) and (ii) above, the Borrower shall cooperate with each respective Term Lender to execute and deliver a Term Note in respect of the Converted Revolving Advance that is payable to such Term Lender.

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. (b) Any Lender may request that its Commitment Advances to the Borrower be evidenced by a Revolving Note or Term Note, as applicable. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Revolving Note or Term Note, as applicable, payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Revolving Note or Term Note, as applicable, and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Revolving Note or Term Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Revolving Note or Term Note, as applicable, for cancellation and requests that such Advances once again be evidenced as described in clauses clause (a) and (b) of this Section 2.03. (c) With respect to any Mandatory Revolving Conversion DatePromptly after all Obligations (other than unasserted contingent obligations) have been paid in full and all Commitments have been terminated, each Revolving Lender that holds whose Advances were evidenced by a Revolving Note in respect of a Converted Revolving Advance shall cooperate with return such Note to the Borrower to either (i) deliver such Revolving Note for cancellation to the extent that the Revolving Commitment of such Revolving Lender is terminated in full or (ii) make a notation on Schedule I to the Revolving Note to reduce the principal amount of Revolving Advances outstanding thereunder in respect of any Converted Revolving Advances, and simultaneously with any such cancellation or notation described in subclauses (i) and (ii) above, the Borrower shall cooperate with each respective Term Lender to execute and deliver a Term Note in respect of the Converted Revolving Advance that is payable to such Term Lendercancellation.