Loans; Notes. Subject to the terms and conditions ------------ hereof, each Lender agrees to make loans to Borrower (herein called such Lender's "Loans") upon Borrower's request from time to time prior to January 1, 2000, provided that (a) subject to Sections 3.3, 3.4 and 3.6, all Lenders are requested to make Loans of the same Type in accordance with their respective Percentage Shares and as part of the same Borrowing, (b) after giving effect to such loans, the aggregate principal amount of outstanding Loans will not exceed the Maximum Loan Amount, and (c) after giving effect to such Loans, the Facility Usage does not exceed the lesser of (i) the Maximum Facility Amount and (ii) the Borrowing Base determined as of the date on which the requested Loans are to be made. The aggregate amount of all Loans in any Borrowing must be equal to $2,000,000 or any higher integral multiple of $250,000. Borrower may have no more than five Borrowings of Eurodollar Loans outstanding at any time. The obligation of Borrower to repay to each Lender the aggregate amount of all Loans made by such Lender, together with interest accruing in connection therewith, shall be evidenced by a single promissory note (herein called such Lender's "Note") made by Borrower payable to the order of such Lender in the form of Exhibit A with appropriate insertions. The amount of principal owing on any Lender's Note at any given time shall be the aggregate amount of all Loans theretofore made by such Lender minus all payments of principal theretofore received by such Lender on such Note. Interest on each Note shall accrue and be due and payable as provided herein and therein. Each Note shall be due and payable as provided herein and therein. Prior to November 30, 1999, subject to the terms and conditions of this Agreement, Borrower may borrow, repay and reborrow hereunder. Notwithstanding anything to the contrary contained in this Agreement or in any Note, Borrower shall pay the principal amount of the Loan on each day to the extent that the aggregate Loans exceed the Maximum Loan Amount on such day and shall pay all Loans on April 30, 2000.
Loans; Notes. On the terms and conditions set forth in this Agreement, the Lenders agree to make Loans to the Company in the aggregate amounts and on the dates set forth below (each, an "Advance Date"):
Loans; Notes. The Line and the Term Loan are sometimes collectively referred to as the "Loans"; and the Line Note and the Term Note are sometimes collectively referred to as the "Notes".
Loans; Notes. CHECKS, --------------------- CONTRACTS AND OTHER INSTRUMENTS -------------------------------
Loans; Notes. On the terms and conditions set forth in this Agreement, each of the Lenders agrees to lend to Company on the Closing Date the following principal amount (each a "Loan Commitment"): RDVEPCO, L.L.C. $4,388,000 Holiday Retirement 2000, LLC 231,000 The Toronto-Dominion Bank 1,533,000 HBK Master Fund, L.P. 1,348,000 ---------- Total $7,500,000 The amounts borrowed by Company pursuant to each Loan Commitment (a "Loan" and, collectively, the "Loans") shall be evidenced by notes of like tenor except as to principal amount in the form of Exhibit B hereto payable to the order of the respective Lenders and dated the Closing Date (each a "Note" and, collectively, the "Notes"), the terms and conditions of which are incorporated in and made a part of this Agreement.
Loans; Notes. 22 2.2 Interest on the Loans...................................................................................23 2.3 Fees....................................................................................................
Loans; Notes. Simultaneously herewith, upon fulfilment of the conditions set forth in Section 3 hereof, each Lender is loaning to the Company the amount set forth on Schedule A attached hereto, and, in consideration thereof, the Company is issuing to the Lender a Note in the principal amount thereof.
