Common use of Note Evidencing Borrower’s Obligations Clause in Contracts

Note Evidencing Borrower’s Obligations. Borrower's obligations to pay the principal of and interest on: (i) the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by 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, shall be dated as of the date hereof and be in the stated principal amount of the respective loan component. Each Note will mature on its respective maturity date, bear interest as provided in Section 2.7 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of 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. Agent shall and is hereby authorized to record on any grid attached to each Note (or, alternatively, in its internal books and records) the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes and shall not adversely affect 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.

Note Evidencing Borrower’s Obligations. Borrower's obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by 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 the Agent, as agent Agent for each Lender, which Note shall be dated as of the date hereof Restated Closing Date and be in the stated principal amount equal to the amount of the respective loan componentCommitment. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any grid attached to each Note (or, alternatively, in its internal books and records) records the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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, Lender a Note note in a stated principal amount equal to such Lender's Pro Rata Percentage of the LoanCommitment, which such Note note or Notes notes shall be on the same terms and conditions as provided above and which Note note or Notes 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.

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: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by the a 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 the stated principal amount of the respective loan componentRevolving Loan Component. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any the grid attached to each the Note (or, alternatively, in its internal books and records) the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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. 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.

Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by 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 the Agent, as agent Agent for each Lender, which Note shall be dated as of the date hereof and be in the stated principal amount of the respective loan componentMaximum Amount. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any grid attached to each Note (or, alternatively, in its internal books and records) records the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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, Lender a Note note in a stated principal amount equal to such Lender's ’s Pro Rata Percentage of the Loan, which such Note note or Notes notes shall be on the same terms and conditions as provided above and which Note note or Notes 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.

Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by 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 the Agent, as agent Agent for each Lender, which Note shall be dated as of the date hereof and be in the stated principal amount of the respective loan component$50,000,000.00. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any grid attached to each Note (or, alternatively, in its internal books and records) records the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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, Lender a Note note in a stated principal amount equal to such Lender's ’s Pro Rata Percentage of the Loan, which such Note note or Notes notes shall be on the same terms and conditions as provided above and which Note note or Notes 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.

Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by 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 the Agent, as agent Agent for each Lender, which Note shall be dated as of the date hereof and be in the stated principal amount of the respective loan component$15,000,000.00. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any grid attached to each Note (or, alternatively, in its internal books and records) records the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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, Lender a Note note in a stated principal amount equal to such Lender's ’s Pro Rata Percentage of the Loan, which such Note note or Notes notes shall be on the same terms and conditions as provided above and which Note note or Notes 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.

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: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by the a 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 the stated principal amount of the respective loan componentRevolving Loan Component. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any the grid attached to each the Note (or, alternatively, in its internal books and records) the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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. 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.

Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under with respect to the Revolving Receivable Loan Component shall be evidenced by 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 Receivable Note to Agent, as agent for each Lender, which Receivable Note shall be dated as of the date hereof and be in the stated principal amount of the respective loan component$100,000,000.00. Each The Receivable Note will mature on its respective maturity datethe Final Maturity Date applicable to the Receivable Loan Component, bear interest as provided in Section 2.7 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and Lender is hereby authorized to record on any grid attached to each Note (or, alternatively, in its internal books and records) records the date and amount of each Advance made by LendersLender 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent Lender to so record any Advance made by Lenders 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 the Notes Receivable Note and shall not adversely affect 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. 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.

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: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by the a 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 the a stated principal amount of the respective loan component. Each equal to Lender's Commitment as set forth on Schedule A. The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent Lender shall and is hereby authorized to record on any the grid attached to each the Note (or, alternatively, in its internal books and records) the date and amount of each Advance Loan made by LendersLender, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent Lender to so record any Advance made by Lenders it (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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.

Note Evidencing Borrower’s Obligations. Borrower's obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component hereunder shall be evidenced by 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 a Note to Agent, as agent for each Lender, which Note shall be dated as of the date hereof and be in the a stated principal amount of the respective loan component. equal to each Lender's Commitment as set forth on Schedule A. Each such Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.2 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent Each Lender shall and is hereby authorized to record on any the grid attached to each its respective Note (or, alternatively, in its internal books and records) the date and amount of each Advance Loan made by Lenderssuch 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 each such Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent a Lender to so record any Advance made by Lenders it (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes any 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 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.

Note Evidencing Borrower’s Obligations. Borrower's ’s obligations to pay the principal of and interest on: (i) on the Loan or Loans made by each Lender under the Revolving Loan Component shall be evidenced by 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 the stated principal amount of the respective loan component$100,000,000.00. Each The Note will mature on its respective maturity datethe Final Maturity Date, bear interest as provided in Section 2.7 2.3 hereof and be otherwise entitled to the benefits of this Agreement. Notwithstanding the stated principal amount of either 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. Agent shall and is hereby authorized to record on any the grid attached to each the Note (or, alternatively, in its internal books and records) the date and amount of each Advance made by Lenders, 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 each Lender, absent manifest error, constitute prima facie evidence of the accuracy of the information contained therein. Failure by Agent to so record any Advance made by Lenders (or any error in such recordation) or any payment thereon shall not affect the Obligations of Borrower under this Agreement or under the Notes Note and shall not adversely affect 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, Lender a Note note in a stated principal amount equal to such Lender's ’s Pro Rata Percentage of the Loan, which such Note note or Notes notes shall be on the same terms and conditions as provided above and which Note note or Notes 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.