Note Option. Any Lender may request that the A ----------- Advances made or to be made by it to a Borrower to be evidenced by an A Note payable by such Borrower. In such event, the Company (on its own behalf and on behalf of the other Borrowers) shall prepare, have executed by the relevant Borrower and deliver to such Lender an A Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns). If a Lender whose A Advances are so evidenced by an A Note thereafter assigns such A Advances, such A Advances will be evidenced by an A Note only if the assignee so requests in accordance with this Section 2.06(c) and Section 8.07
Note Option. If so requested by any Lender by written notice to Company (with a copy to Administrative Agent) at least two Business Days prior to the Closing Date or at any time thereafter, Company shall execute and deliver to such Lender (and/or, if so specified in such notice, any Person who is an assignee of such Lender pursuant to subsection 10.1 hereof) on the Closing Date (or, if such notice is delivered after the Closing Date, within three Business Days of Company's receipt of such notice) a promissory note or promissory notes to evidence such Lender's Tranche A Term Loans, Tranche B Term Loans, Revolving Loans or Swing Line Loans, substantially in the form of Exhibit IV, Exhibit V, ---------- --------- Exhibit VI or Exhibit VII hereto, respectively. ---------- -----------
Note Option. A. The Participants acknowledge and agree that, without limitation, the 8% Note Option shall continue to be held by the Agent, and be exercisable by the Agent, in its sole discretion, subject to the provisions of this Article III, provided, however, that the 8% Note Option may be assigned by the Agent to ERS free of any restriction under this Article III.
B. The Agent hereby grants to each Participant a right-of- first offer to acquire a participation in each of the 8% Notes, which the Agent, in its sole discretion, may, from time to time, propose to acquire. Such right-of-first offer shall allow each Participant to purchase its Participating Percentage in each such 8% Note, upon such terms and conditions as shall be prescribed by the Agent so as in all material respects to extend such Participant's Participation hereunder, as appropriate, to such 8% Note.
C. If the Agent proposes to exercise the 8% Note Option with respect to any 8% Note, it shall give each Participant written notice thereof, setting forth therein the material terms of such Participant's entitlement to participate therein. Each Participant shall have five days from the date such notice is given to determine whether to participate therein upon the terms specified in the notice, by giving written notice thereof to the Agent. If the Participants have not elected to acquire the entire interest as aforesaid in any such 8% Note, then the Agent shall be free to allocate any such interest not so acquired as the Agent, in its sole discretion determines.
Note Option. At the option of the Investor (the "Note Option"), which option shall be exercisable by the Investor after Shareholder Approval (as defined in Article VI herein) but not before August 1, 2001 nor after August 1, 2002 (the "Option Period"), that certain $1,000,000 Promissory Note from the Company to the Investor (the "Note") shall be converted into shares of Common Stock (the "Note Shares") based upon the then unpaid note balance and the Purchase Price.
Note Option. If so requested by any Lender by written notice to the applicable Borrower (with a copy to Administrative Agent), the Borrower to whom such request is made shall execute and deliver to such Lender (within three Business Days of such Borrower's receipt of such notice) a promissory note substantially in the form of Exhibit IV-A to this Agreement to evidence such Lender's Canadian Loans, in the form of Exhibit IV-B or Exhibit IV-C to this Agreement to evidence such Lender's Australian Loans, in the form of Exhibit IV-D to this Agreement to evidence such Lender's U.S. Loans (other than Gold Loans), or a Grid Gold Acknowledgement in the form of Exhibit V to this Agreement to evidence such Lender's Gold Loans.
Note Option. Any Lender may, by notice to Administrative Agent and Company, request that all or part of the principal amount of any Borrower's Loans from such Lender hereunder be evidenced by an Existing Term Note, a Tranche A Acquisition Term Note, Tranche B Acquisition Term Note, Tranche C Acquisition Term Note, Tranche D Acquisition Term Note, Revolving Note and/or Swing Line Note, as applicable. Within three Business Days of such Borrower's receipt of such notice, such Borrower shall execute and deliver to Administrative Agent for delivery to the appropriate Lender a Note or Notes, payable to the notifying Lender or, if so specified in such 12 notice, any Person who is an assignee of such Lender pursuant to subsection 9.2 hereof.''
Note Option. If so requested by any Lender by written notice to Company (with a copy to Agent) at least two Business Days' prior to the Effective Date or at any time thereafter, Company shall execute and deliver to such Lender (and/or, if so specified in such notice, any Person who is an assignee of such Lender pursuant to subsection 10.1 hereof) on the Effective Date (or, if such notice is delivered after the Effective Date, within three Business Days of Company's receipt of such notice) a promissory note or promissory notes to evidence such Lender's Revolving Loans or Swing Line Loans, substantially in the form of EXHIBIT IV-A, EXHIBIT IV-B or EXHIBIT V hereto, respectively.
Note Option. Any Lender or Administrative Agent may, by notice to Administrative Agent and Borrower, request that all or part of the principal amount of the Borrower's Obligations to such Lender or Administrative Agent in respect of Term Loans and/or Working Capital Loan Commitments and/or Swing Line Commitment hereunder be evidenced by a Term Note and/or a Working Capital Note and/or a Swing Line Note, as applicable. Within three (3) Business Days of Borrower's receipt of such notice, Borrower shall execute and deliver to Administrative Agent for delivery to the appropriate Lender or Administrative Agent a Note or Notes in the principal amount(s) specified in such notice, payable to the notifying Lender or Administrative Agent or, if so specified in such notice, any Person who is an assignee of such Lender or Administrative Agent pursuant to subsection 10.2 hereof.
Note Option. Any Lender or Agent may, by notice to Agent and Borrower, request that all or part of the principal amount of the Borrower's Obligations to such Lender or Agent in respect of Commitments hereunder be evidenced by a Note. Within three
Note Option. Any Lender may request that any Revolving ----------- Credit or Term Advances made or to be made by it to a Borrower be evidenced by a Note, payable by such Borrower. In such event, the Company (on its own behalf and on behalf of the other Borrowers) shall prepare, have executed by the relevant Borrower and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in substantially the form of Exhibit A-1 (in the case of Revolving Credit Advances) or A-2 (in the case of Term Advances). If a Lender whose Advances are so evidenced by a Note thereafter assigns such Advances, such Advances will be evidenced by a Note only if the assignee so requests in accordance with this Section 2.06(d) and Section 9.07.
