Form of Revolving Note. THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE REVOLVING AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT. [ ], 20[ ] FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to [ ] or registered and permitted assigns (the “Lender”), in accordance with the provisions of the Credit Agreement (as hereinafter defined), the principal amount of each Revolving Loan from time to time made by the Lender to the Borrower (and then outstanding) under that certain Credit Agreement dated as of April 2, 2013 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”; the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as the Administrative Agent and an Issuing Bank, and The Bank of Nova Scotia, as the Revolving Agent, a Swingline Lender and an Issuing Bank. The Borrower promises to pay interest on the unpaid principal amount of each Revolving Loan made by the Lender from the date of such Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Credit Agreement. All payments of principal and interest shall be made to the Revolving Agent for the account of the Lender in the currency in which such Revolving Loan was denominated in immediately available funds to the Applicable Account of the Revolving Agent. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Credit Agreement. This revolving note (this “Revolving Note”) is entitled to the benefits of the Credit Agreement and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Revolving Note is also entitled to the benefits of the Guarantee and Collateral Agreement and is secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Credit Agreement, all amounts then remaining unpaid on this Revolving Note shall become, or may be declared to be, immediately due and payable all as provided in the Credit Agreement. Revolving Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Revolving Note and endorse thereon the date, amount and maturity of its Revolving Loans and payments with respect thereto, provided that the failure of the Lender to attach any such schedules or make any such endorsement shall not affect the obligations of the Borrower hereunder or under the Credit Agreement. The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Revolving Note. THIS REVOLVING NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE CREDIT AGREEMENT, THIS REVOLVING NOTE MAY NOT BE TRANSFERRED EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9.04 OF THE CREDIT AGREEMENT. WEIGHT WATCHERS INTERNATIONAL, INC. By: Name: Title: [Revolving Note Signature Page] LOANS AND PAYMENTS WITH RESPECT THERETO Date Type of Loan Made Amount of Loan Made End of Interest Period Amount of Principal or Interest Paid This Date Outstanding Principal Balance This Date Notation Made By EXHIBIT F FORM OF CLOSING CERTIFICATE [NAME OF COMPANY] April 2, 2013 Reference is made to the Credit Agreement dated as of April 2, 2013 (as the same may be amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), among Weight Watchers International, Inc., a Virginia corporation (the “Borrower”), the Lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as the Administrative Agent and an Issuing Bank, and The Bank of Nova Scotia, as the Revolving Agent, a Swingline Lender and an Issuing Bank. Capitalized terms used but not defined herein have the meanings given to such terms in the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Weight Watchers International Inc)
Form of Revolving Note. THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE REVOLVING AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT. [ ]Lender: ______________ _____________, 20[ ] 201__ FOR VALUE RECEIVED, the undersigned PNM RESOURCES, INC., a New Mexico corporation (the “"Borrower”"), hereby promises to pay to [ ] or registered and permitted assigns the order of the Lender referenced above (the “"Lender”"), at the Administrative Agent's Office set forth in accordance with the provisions of the that certain Credit Agreement dated as of October 31, 2011 (as hereinafter definedamended, modified, extended or restated from time to time, the "Credit Agreement") among the Borrower, the Lenders party thereto (including the Lender) and Xxxxx Fargo Bank, National Association, as Administrative Agent (the "Administrative Agent") (or at such other place or places as the holder of this Note may designate), the aggregate unpaid principal amount of each the Revolving Loan from time to time Loans made by the Lender to the Borrower (under the Credit Agreement, in lawful money and then outstanding) under that certain in immediately available funds, on the dates and in the principal amounts provided in the Credit Agreement dated as of April 2(but, 2013 (as amendedin any event, restated, extended, supplemented or otherwise modified in writing from time to time, no later than the “Credit Agreement”; the terms defined therein being used herein as therein definedMaturity Date), among the Borrower, the Lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as the Administrative Agent and an Issuing Bank, and The Bank of Nova Scotia, as the Revolving Agent, a Swingline Lender and an Issuing Bank. The Borrower promises to pay interest on the unpaid principal amount of each Revolving Loan made by the Lender from Lender, at such office, in like money and funds, for the period commencing on the date of such each Revolving Loan until such principal amount is each Revolving Loan shall be paid in full, at such interest the rates per annum and at such times as on the dates provided in the Credit Agreement. All payments of principal and interest shall be made to the Revolving Agent for the account This Note is one of the Lender Notes referred to in the currency in which such Revolving Loan was denominated in immediately available funds to the Applicable Account of the Revolving Agent. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Credit Agreement. This revolving note (this “Revolving Note”) is entitled to the benefits of the Credit Agreement and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Revolving Note is also entitled to the benefits of the Guarantee and Collateral Agreement and is secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Credit Agreement, all amounts then remaining unpaid on this Revolving Note shall become, or may be declared to be, immediately due and payable all as provided in the Credit Agreement. evidences Revolving Loans made by the Lender shall be to the Borrower thereunder. Capitalized terms used in this Note have the respective meanings assigned to them in the Credit Agreement and the terms and conditions of the Credit Agreement are expressly incorporated herein and made a part hereof. The Credit Agreement provides for the acceleration of the maturity of the Revolving Loans evidenced by one this Note upon the occurrence of certain events (and for payment of collection costs in connection therewith) and for prepayments of Revolving Loans upon the terms and conditions specified therein. In the event this Note is not paid when due at any stated or more loan accounts or records maintained accelerated maturity, the Borrower agrees to pay, in addition to principal and interest, all costs of collection, including reasonable attorney fees. The date, amount, type, interest rate and duration of Interest Period (if applicable) of each Revolving Loan made by the Lender in to the ordinary course Borrower, and each payment made on account of business. The the principal thereof, shall be recorded by the Lender may also attach schedules to this Revolving Note and endorse thereon the date, amount and maturity of on its Revolving Loans and payments with respect thereto, books; provided that the failure of the Lender to attach any such schedules or make any such recordation or endorsement shall not affect the obligations of the Borrower hereunder or to make a payment when due of any amount owing under the Credit Agreement or under this Note in respect of the Revolving Loans to be evidenced by this Note, and each such recordation or endorsement shall be prima facie evidence of such information, absent manifest error. Except as permitted by Section 11.3(b) of the Credit Agreement. The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Revolving NoteNote may not be assigned by the Lender to any other Person. THIS REVOLVING NOTE SHALL BE GOVERNED BY BY, AND CONSTRUED IN ACCORDANCE WITH WITH, THE LAWS OF THE STATE OF NEW YORK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE CREDIT AGREEMENT, THIS REVOLVING NOTE MAY NOT BE TRANSFERRED EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9.04 OF THE CREDIT AGREEMENT. WEIGHT WATCHERS INTERNATIONAL, INC. By: Name: Title: [Revolving Note Signature Page] LOANS AND PAYMENTS WITH RESPECT THERETO Date Type of Loan Made Amount of Loan Made End of Interest Period Amount of Principal or Interest Paid This Date Outstanding Principal Balance This Date Notation Made By EXHIBIT F FORM OF CLOSING CERTIFICATE [NAME OF COMPANY] April 2, 2013 Reference is made to the Credit Agreement dated as of April 2, 2013 (as the same may be amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), among Weight Watchers International, Inc., a Virginia corporation (the “Borrower”), the Lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as the Administrative Agent and an Issuing Bank, and The Bank of Nova Scotia, as the Revolving Agent, a Swingline Lender and an Issuing Bank. Capitalized terms used but not defined herein have the meanings given to such terms in the Credit Agreement.signature page follows]
Appears in 1 contract
Samples: Credit Agreement (PNM Resources Inc)
Form of Revolving Note. THIS REVOLVING PROMISSORY NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE REVOLVING AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT. [ ](Revolving Loan) $1,650,000.00 Dated as of January 7, 20[ ] FOR VALUE RECEIVED2013 Final Maturity: December 31, the undersigned 2014 On or before December 31, 2014 ("Final Maturity"), INTERNATIONAL BALER CORPORATION, a Delaware corporation (the “"Borrower”"), hereby promises to pay to [ ] or registered and permitted assigns the order of FIRST MERCHANTS BANK, NATIONAL ASSOCIATION (the “"Lender”)") at the offices of the Lender at 000 Xxxx Xxxxxxx Xxxxxx, Muncie, Indiana 47305, the principal sum of One Million Six Hundred Fifty and Xxxx 00 Dollars ($1,650,000.00) or so much of the principal amount of the Revolving Loan represented by this Note as may be disbursed by the Lender under the terms of the Credit Agreement described below, and to pay interest on the unpaid principal balance outstanding from time to time as provided in accordance with the provisions of the Credit Agreement (as hereinafter defined), . This Note evidences indebtedness under a revolving line of credit loan (the principal amount "Revolving Loan") incurred or to be incurred by the Borrower under a revolving line of each Revolving Loan from time credit extended to time made the Borrower by the Lender to the Borrower (and then outstanding) under that a certain Credit Agreement dated as of April 2even date herewith, 2013 as the same may be amended from time to time (the "Credit Agreement"). All references in this Note to the Credit Agreement shall be construed as amended, restated, extended, supplemented references to that Credit Agreement as it has been or otherwise modified in writing may be amended from time to time. The Revolving Loan is referred to in the Credit Agreement as the "Revolving Loan." Subject to the terms and conditions of the Credit Agreement, the “Credit Agreement”; proceeds of the terms defined therein being used herein as therein defined), among Revolving Loan may be advanced and repaid and readvanced until Final Maturity. The principal amount of the Borrower, the Lenders Revolving Loan outstanding from time to time party thereto, JPMorgan Chase Bank, N.A., as shall be determined by reference to the Administrative Agent books and an Issuing Bank, and The Bank records of Nova Scotia, as the Lender on which all advances under the Revolving Agent, a Swingline Lender Loan and an Issuing Bankall payments by the Borrower on account of the Revolving Loan shall be recorded. Such books and records shall be deemed prima facie to be correct as to such matters. The Borrower promises to pay interest on the entire outstanding principal balance of this Note shall be due and payable, together with all accrued but unpaid principal amount of each Revolving Loan made by the Lender from the date of such Loan until such principal amount is paid in fullinterest, at such interest rates and at such times as provided in the Credit AgreementFinal Maturity. All payments of principal and interest shall be Reference is made to the Revolving Agent Credit Agreement for the account of the Lender in the currency in which such Revolving Loan was denominated in immediately maximum available funds principal amount available to the Applicable Account of the Revolving AgentBorrower under this Note. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Credit Agreement. This revolving note (this “Revolving Note”) is entitled to the benefits of the Credit Agreement and Principal may be prepaid in whole or in part subject at any time and from time to the terms and conditions provided therein. This Revolving Note is also entitled to the benefits of the Guarantee and Collateral Agreement and is secured by the Collateral. Upon the occurrence and continuation of one time without premium or more of the Events of Default specified in the Credit Agreement, all amounts then remaining unpaid on this Revolving Note shall become, or may be declared to be, immediately due and payable all penalty as provided in the Credit Agreement. Revolving Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Revolving Note and endorse thereon the date, amount and maturity of its Revolving Loans and payments with respect thereto, provided that the failure of the Lender to attach any such schedules or make any such endorsement shall not affect the obligations of the Borrower hereunder or under the Credit Agreement. The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Revolving Note. THIS REVOLVING NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE CREDIT AGREEMENT, THIS REVOLVING NOTE MAY NOT BE TRANSFERRED EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9.04 OF THE CREDIT AGREEMENT. WEIGHT WATCHERS INTERNATIONAL, INC. By: Name: Title: [Revolving Note Signature Page] LOANS AND PAYMENTS WITH RESPECT THERETO Date Type of Loan Made Amount of Loan Made End of Interest Period Amount of Principal or Interest Paid This Date Outstanding Principal Balance This Date Notation Made By EXHIBIT F FORM OF CLOSING CERTIFICATE [NAME OF COMPANY] April 2, 2013 Reference is made to the Credit Agreement dated which provides for acceleration of the maturity of this Note upon the happening of any "Event of Default" as defined therein. In addition to the effects of April 2an Event of Default set forth in the Credit Agreement, 2013 upon the occurrence and during the continuation of an Event of Default, including, but not limited to, upon maturity of this Note, whether by acceleration or otherwise, the Lender, at its option, may, if permitted under applicable law, do one or both of the following: (i) increase the interest rate under this N0te to the rate that is five percent (5%) above the rate that would otherwise be payable hereunder, and (ii) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided under this Note (including any increased rate) by reference to the Credit Agreement. The interest rate under this Note will not exceed the maximum rate permitted by applicable law under any circumstances. The Borrower and any endorsers severally waive demand, presentment for payment and notice of nonpayment of this Note, and each of them consents to any renewals or extensions of the time of payment of this Note without notice. The Borrower agrees that the Lender has all rights of set-off and bankers' lien provided by applicable law, and in addition thereto, the Borrower agrees that at any time any Event of Default exists, the Lender may apply to the payment of any Obligations of the Borrower, whether or not then due, any and all balances, credits, deposits, accounts or moneys of the Borrower then or thereafter with the Lender. All amounts payable under the terms of this Note shall be payable with expenses of collection, including attorneys' fees, and without offset or other reduction and without relief from valuation and appraisement laws. The Borrower agrees that the Lender may provide any information the Lender may have about the Borrower or about any matter relating to this Note to any of its subsidiaries or affiliates or their successors, or to any one or more purchasers or potential purchasers of this Note. The Borrower agrees that the Lender may at any time sell, assign or transfer one or more interests or participation in all or any part of its rights or obligations in this Note to one or more purchasers whether or not related to the Lender to the extent permitted by the Credit Agreement. This Note is made under and will be governed in all cases by the substantive laws of the State of Indiana, notwithstanding the fact that conflicts of law rules (of the State of Indiana or any other jurisdiction) might otherwise require application of the substantive laws of another jurisdiction. The obligations of the Borrower under this Note shall be absolute and unconditional and shall remain in full force and effect until the entire principal, interest, penalties, premiums and late charges, if any, on this Note and all additional payments, if any, due pursuant to any other Loan Document (as defined in the same may be amended, supplemented, amended and restated or otherwise modified from time to timeCredit Agreement) (collectively, the “Credit Agreement”)"Obligations") shall have been paid and, among Weight Watchers Internationaluntil such payment has been made, Inc.shall not be discharged, a Virginia corporation (affected, modified or impaired on the “Borrower”), the Lenders happening from time to time party theretoof any event, JPMorgan Chase Bankincluding, N.A.without limitation, as any of the Administrative Agent and an Issuing Bankfollowing, and The Bank whether or not with notice to or the consent of Nova Scotia, as the Revolving Agent, a Swingline Lender and an Issuing Bank. Capitalized terms used but not defined herein have the meanings given to such terms in the Credit Agreement.Borrower:
Appears in 1 contract
Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp)
Form of Revolving Note. THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS REVOLVING NOTE AND THE OBLIGATIONS REPRESENTED HEREBY MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE REVOLVING AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT. [ ], 20[ ] FOR VALUE RECEIVED, the undersigned TRACTOR SUPPLY COMPANY, a Delaware corporation (the “Borrower”), hereby promises to pay to [ ] or registered and permitted assigns the order of ____________________ (the “Lender”), at the office of Bank of America, N.A. (the “Administrative Agent”), as set forth in accordance with the provisions of the that certain Credit Agreement (as hereinafter defined), the principal amount of each Revolving Loan from time to time made by the Lender to the Borrower (and then outstanding) under that certain Credit Agreement dated as of April 2, 2013 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”; the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as the Administrative Agent and an Issuing Bank, and The Bank of Nova Scotia, as the Revolving Agent, a Swingline Lender and an Issuing Bank. The Borrower promises to pay interest on the unpaid principal amount of each Revolving Loan made by the Lender from the date of such Loan until such principal amount is paid in full, at such interest rates and at such times as provided in the Credit Agreement. All payments of principal and interest shall be made to the Revolving Agent for the account of the Lender in the currency in which such Revolving Loan was denominated in immediately available funds to the Applicable Account of the Revolving Agent. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum rate set forth in the Credit Agreement. This revolving note (this “Revolving Note”) is entitled to the benefits of the Credit Agreement and may be prepaid in whole or in part subject to the terms and conditions provided therein. This Revolving Note is also entitled to the benefits of the Guarantee and Collateral Agreement and is secured by the Collateral. Upon the occurrence and continuation of one or more of the Events of Default specified in the Credit Agreement, all amounts then remaining unpaid on this Revolving Note shall become, or may be declared to be, immediately due and payable all as provided in the Credit Agreement. Revolving Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Revolving Note and endorse thereon the date, amount and maturity of its Revolving Loans and payments with respect thereto, provided that the failure of the Lender to attach any such schedules or make any such endorsement shall not affect the obligations of the Borrower hereunder or under the Credit Agreement. The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand, dishonor and non-payment of this Revolving Note. THIS REVOLVING NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE CREDIT AGREEMENT, THIS REVOLVING NOTE MAY NOT BE TRANSFERRED EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9.04 OF THE CREDIT AGREEMENT. WEIGHT WATCHERS INTERNATIONAL, INC. By: Name: Title: [Revolving Note Signature Page] LOANS AND PAYMENTS WITH RESPECT THERETO Date Type of Loan Made Amount of Loan Made End of Interest Period Amount of Principal or Interest Paid This Date Outstanding Principal Balance This Date Notation Made By EXHIBIT F FORM OF CLOSING CERTIFICATE [NAME OF COMPANY] April 2, 2013 Reference is made to the Credit Agreement dated as of April 2, 2013 (as the same it may be amended, supplementedmodified, amended and extended or restated or otherwise modified from time to time, the “Credit Agreement”), dated as of October 24, 2011 among Weight Watchers Internationalthe Borrower, Inc., a Virginia corporation (the “Borrower”)Subsidiary Guarantors, the Lenders from time to time party thereto, JPMorgan Chase Bankthereto (including the Lender) and Bank of America, N.A., as the Administrative Agent and an Issuing Bank, and The Bank of Nova Scotia, (or at such other place or places as the holder of this Revolving AgentNote may designate), a Swingline the principal sum of such Lender’s Revolving Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by the Lender to the Borrower, together with interest thereon at the rates per annum and an Issuing Bank. Capitalized terms used but not defined herein have on the meanings given to such terms dates provided in the Credit Agreement. This Note is one of the Revolving Notes referred to in the Credit Agreement and evidences Revolving Loans made by the Lender thereunder. All capitalized terms used in this Revolving Note and not otherwise defined shall have the meanings provided in the Credit Agreement and the terms and conditions of the Credit Agreement are expressly incorporated herein and made a part hereof. The Credit Agreement provides for the acceleration of the maturity of the Revolving Loans evidenced by this Revolving Note upon the occurrence of certain events (and for payment of collection costs in connection therewith) and for prepayments of Revolving Loans upon the terms and conditions specified therein. In the event this Revolving Note is not paid when due at any stated or accelerated maturity, the Borrower agrees to pay, in addition to principal and interest, all costs of collection, including reasonable attorney fees. The date, amount, type, interest rate and duration of Interest Period (if applicable) of each Revolving Loan made by the Lender to the Borrower, and each payment made on account of the principal thereof, shall be recorded by the Lender on its books; provided that the failure of the Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower to make a payment when due of any amount owing hereunder or under this Revolving Note in respect of the Revolving Loans to be evidenced by this Revolving Note, and each such recordation or endorsement shall be prima facie evidence of such information, absent manifest error. Except as permitted by Section 11.3(b) of the Credit Agreement, this Revolving Note may not be assigned by the Lender to any other Person. THIS REVOLVING NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
Appears in 1 contract
