Note Evidencing Borrower’s Obligations. Borrower's obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder shall be evidenced by a Note to each Lender, which Note shall be dated as of the date hereof and be in a stated principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each Note at such time. Each Lender shall and is hereby authorized to record on the grid attached to its respective Note (or, alternatively, in its internal books and records) the date and amount of each Loan made by such Lender, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender to so record any Advance made by it (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any Note and shall not adversely affect the Lender's rights under this Agreement with respect to the repayment thereof.
Appears in 1 contract
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower acknowledges, agrees and confirms that as of the date hereof the outstanding principal balance of the Revolving Loan Component is $8,060,000.00, which amount includes the Working Capital Advance Balance and which amount shall be repaid as provided in Section 2.4 hereof. Borrower's obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder under the Revolving Loan Component shall be evidenced by a Revolving Loan Component Note to each Lender, which Note shall be dated as of the date hereof and be in a stated principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender shall and is hereby authorized to record on the grid attached to its respective the Note (or, alternatively, in its internal books and records) the date and amount of each Loan made by such Lender, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender to so record any Advance made by it (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's rights under this Agreement with respect to the repayment thereof.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower's obligations to pay the principal of and interest on on: (i) the Loan or Loans made by each Lender hereunder under the Revolving Loan Component shall be evidenced by a the Revolving Loan Component Note and (ii) the Loan or Loans made by each Lender under the Acquisition/Construction Loan Component shall be evidenced by the Acquisition/Construction Loan Component Note. Each Note to Agent, as agent for each Lender, which Note shall be dated as of the date hereof and be in a the stated principal amount equal to each Lender's Commitment as set forth on Schedule A. of the respective loan component. Each such Note will mature on the Final Maturity Dateits respective maturity date, bear interest as provided in Section 2.2 2.7 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any either Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each Note at such time. Each Lender Agent shall and is hereby authorized to record on the any grid attached to its respective each Note (or, alternatively, in its internal books and records) the date and amount of each Loan Advance made by such LenderLenders, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any Note the Notes and shall not adversely affect the Lender's rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender, a Note in a stated principal amount equal to such Lender's Pro Rata Percentage of the Loan, which such Note or Notes shall be on the same terms and conditions as provided above and which Note or Notes shall be included within the definition of "Note" as such term is used herein. If the delivery of any such Note is required in connection with an increase, modification, or extension of the Revolving Credit Period, the Maximum Loan Amount, the Acquisition/Construction Loan Maturity Date, the Revolving Loan Maturity Date or the amount of the Loan or any other modification to this Agreement, then delivery of such Note shall be at the sole expense of Borrower. Otherwise, delivery of such Note shall be at the sole expense of the Lender requesting the Note.
Appears in 1 contract
Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder shall be evidenced by a the Note to the Agent, as Agent for each Lender, which Note shall be dated as of the date hereof and be in a stated the principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of $15,000,000.00. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective Note (or, alternatively, in its internal books and records) records the date and amount of each Loan Advance made by such LenderLenders, the interest rate Applicable Interest Rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's ’s rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender a note in a stated principal amount equal to such Lender’s Pro Rata Percentage of the Loan, which such note or notes shall be on the same terms and conditions as provided above and which note or notes shall be included within the definition of “Note” as such term is used herein.
Appears in 1 contract
Samples: Loan and Security Agreement Inventory (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder shall be evidenced by a the Note to the Agent, as Agent for each Lender, which Note shall be dated as of the date hereof and be in a stated the principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of $50,000,000.00. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective Note (or, alternatively, in its internal books and records) records the date and amount of each Loan Advance made by such LenderLenders, the interest rate Applicable Interest Rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's ’s rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender a note in a stated principal amount equal to such Lender’s Pro Rata Percentage of the Loan, which such note or notes shall be on the same terms and conditions as provided above and which note or notes shall be included within the definition of “Note” as such term is used herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder shall be evidenced by a the Note to Agent, as agent for each Lender, which Note shall be dated as of the date hereof and be in a stated the principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of $100,000,000.00. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective the Note (or, alternatively, in its internal books and records) the date and amount of each Loan Advance made by such LenderLenders, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's ’s rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender a note in a stated principal amount equal to such Lender’s Pro Rata Percentage of the Loan, which such note or notes shall be on the same terms and conditions as provided above and which note or notes shall be included within the definition of “Note” as such term is used herein.
Appears in 1 contract
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder shall be evidenced by a the Note to the Agent, as Agent for each Lender, which Note shall be dated as of the date hereof and be in a stated the principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of the Maximum Amount. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective Note (or, alternatively, in its internal books and records) records the date and amount of each Loan Advance made by such LenderLenders, the interest rate Interest Rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's ’s rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender a note in a stated principal amount equal to such Lender’s Pro Rata Percentage of the Loan, which such note or notes shall be on the same terms and conditions as provided above and which note or notes shall be included within the definition of “Note” as such term is used herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower acknowledges, agrees and confirms that as of the date hereof the outstanding principal balance of the Revolving Loan Component is $56,104,200.00, which amount shall be repaid as provided in Section 2.4 hereof. Borrower's obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder under the Revolving Loan Component shall be evidenced by a Revolving Loan Component Note to Agent, as agent for each Lender, which Note shall be dated as of the date hereof and be in a the stated principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of the Revolving Loan Component. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective the Note (or, alternatively, in its internal books and records) the date and amount of each Loan Advance made by such LenderLenders, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender, a Revolving Loan Component Note in a stated principal amount equal to such Lender's Pro Rata Percentage of the Loan, which such Note or Notes shall be on the same terms and conditions as provided above and which Note or Notes shall be included within the definition of "Revolving Loan Component Note" as such term is used herein.
Appears in 1 contract
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower's obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder shall be evidenced by a the Note to the Agent, as Agent for each Lender, which Note shall be dated as of the date hereof Restated Closing Date and be in a stated the principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such the amount of the Commitment. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective Note (or, alternatively, in its internal books and records) records the date and amount of each Loan Advance made by such LenderLenders, the interest rate Applicable Interest Rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender a note in a stated principal amount equal to such Lender's Pro Rata Percentage of the Commitment, which such note or notes shall be on the same terms and conditions as provided above and which note or notes shall be included within the definition of “Note” as such term is used herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder with respect to the Receivable Loan Component shall be evidenced by a the Receivable Note to each Lender, which Receivable Note shall be dated as of the date hereof and be in a stated the principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of $100,000,000.00. The Receivable Note will mature on the Final Maturity DateDate applicable to the Receivable Loan Component, bear interest as provided in Section 2.2 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Receivable Note, the aggregate outstanding principal amount of the Loan with respect to the Receivable Loan Component at any time shall be the aggregate principal amount owing on each the Receivable Note at such time. Each Lender shall and is hereby authorized to record on the grid attached to its respective Note (or, alternatively, in its internal books and records) records the date and amount of each Loan Advance made by such LenderLender to Borrower with respect to the Receivable Loan Component, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender to so record any Advance made by it Lender to Borrower with respect to the Receivable Loan Component, (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Receivable Note and shall not adversely affect the Lender's ’s rights under this Agreement with respect to the repayment thereof.
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Note Evidencing Borrower’s Obligations. Borrower acknowledges, agrees and confirms that as of the date hereof the outstanding principal balance of the Revolving Loan Component is $56,894,400.00, which amount shall be repaid as provided in Section 2.4 hereof. Borrower's obligations to pay the principal of and interest on the Loan or Loans made by each Lender hereunder under the Revolving Loan Component shall be evidenced by a Revolving Loan Component Note to Agent, as agent for each Lender, which Note shall be dated as of the date hereof and be in a the stated principal amount equal to each Lender's Commitment as set forth on Schedule A. Each such of the Revolving Loan Component. The Note will mature on the Final Maturity Date, bear interest as provided in Section 2.2 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of any the Note, the aggregate outstanding principal amount of the Loan at any time shall be the aggregate principal amount owing on each the Note at such time. Each Lender Agent shall and is hereby authorized to record on the grid attached to its respective the Note (or, alternatively, in its internal books and records) the date and amount of each Loan Advance made by such LenderLenders, the interest rate and interest period applicable thereto and each repayment thereof; and such grid or other books and records shall, as between Borrower and such each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by a Lender Agent to so record any Advance made by it Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under any the Note and shall not adversely affect the Lender's rights under this Agreement with respect to the repayment thereof. At the election of any Lender, Borrower shall execute and deliver to such Lender, a Revolving Loan Component Note in a stated principal amount equal to such Lender's Pro Rata Percentage of the Loan, which such Note or Notes shall be on the same terms and conditions as provided above and which Note or Notes shall be included within the definition of "Revolving Loan Component Note" as such term is used herein.
Appears in 1 contract
Samples: Security and Agency Agreement (Silverleaf Resorts Inc)