Ongoing Investments. SCHEDULE I EXHIBIT A NOTE $15,000,000 July 20, 1999 FOR VALUE RECEIVED, the undersigned, XXX.XXX INC., Delaware corporation (the "Borrower"), promises to pay to the order of THE BANK OF NOVA SCOTIA (the -------- "Lender") on July 19, 2000 the principal sum of FIFTEEN MILLION DOLLARS ------- ($15,000,000) or, if less, the aggregate unpaid principal amount of all Loans shown on the schedule attached hereto (and any continuation thereof) made by the Lender pursuant to that certain Credit Agreement, dated as of even date herewith (together with all amendments and other modifications, if any, from time to time thereafter made thereto, the "Credit Agreement"), among the Borrower, THE BANK ---------------- OF NOVA SCOTIA, as Agent, and the various financial institutions (including the Lender) as are, or may from time to time become, parties thereto. The Borrower also promises to pay interest on the unpaid principal amount hereof from time to time outstanding from the date hereof until maturity (whether by acceleration or otherwise) and, after maturity, until paid, at the rates per annum and on the dates specified in the Credit Agreement. Payments of both principal and interest are to be made in lawful money of the United States of America in same day or immediately available funds to the account designated by the Agent pursuant to the Credit Agreement. This Note is a Note referred to in, and evidences Indebtedness incurred under, the Credit Agreement, to which reference is made for a description of the security for this Note and for a statement of the terms and conditions on which the Borrower is permitted and required to make prepayments and repayments of principal of the Indebtedness evidenced by this Note and on which such Indebtedness may be declared to be immediately due and payable. Unless otherwise defined, terms used herein have the meanings provided in the Credit Agreement. EXHIBIT A All parties hereto, whether as makers, endorsers, or otherwise, severally waive presentment for payment, demand, protest and notice of dishonor. THIS NOTE SHALL BE DEEMED TO BE A CONTRACT MADE UNDER AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK. XXX.XXX INC. By_______________________________ Title:
Ongoing Investments. 1.Promissory Note, dated February 24, 1997, in the principal amount of $4,508,000 made by United States Bakery in favor of GSFBC Holdings, Inc.
Ongoing Investments. 1. Investments consisting of Equity Interests in the following subsidiaries: Applied Medical Resources Corporation Applied Medical Distribution Corporation Applied Medical Properties I, LLC Applied Medical Properties II, LLC Applied Medical International, C.V. Applied Medical Australia, Pty. Ltd. Applied Medical Europe B.V. Applied Medical Distribution Europe B.V. and Branch Offices Applied Medical UK Limited Applied Medical France SAS Applied Medical Deutschland GmbH Applied Medical Japan K.K.
Ongoing Investments. ITEM 7.2.5(m) Certain Potential Future Investments. ITEM 7.2.6(e) Restricted Payments. SCHEDULE II NAME AND NOTICE ADDRESS OF BORROWER Reddy Ice Corporation 0000 X. Xxxxxxx Xxxxxxxxxx, Xxxxx 0000 Xxxxxx, XX 00000 Attention: Chief Financial Officer Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: xxxxxxxx@xxxxxxxx.xxx NAME AND NOTICE ADDRESS OF LENDER LENDING OFFICE LOAN COMMITMENT Macquarie Bank Limited ABN (if applicable): 46 000 000 000 L17 0 Xxxxxx Xxxxx Sydney NSW Australia 2000 c/o Macquarie Bank Limited — Representative Office Attn: Xxxxxxx Xxx / Xxxxx Xxxxxxxxxxxx 000 Xxxx 00xx Xxxxxx Xxx Xxxx, XX 00000 Phone: (000) 000-0000 / (000) 000-0000 Fax: (000) 000-0000 / (000) 000-0000 Email: xxxxxxx.xxx@xxxxxxxxx.xxx / xxxxx.xxxxxxxxxxxx@xxxxxxxxx.xxx Macquarie Bank Limited ABN (if applicable): 46 000 000 000 No. 0 Xxxxxx Xxxxx Sydney, NSW, 2000 Australia Attn: Xxxx Xxxxxx / Xxxx Xxxxxx Telephone: +00 0 0000 0000 / +00 0 0000 0000 Fax No.: +00 0 0000 0000 and + 61 2 8232 6353 Email: xxxxxxxxxxx@xxxxxxxxx.xxx $70,000,000
Ongoing Investments. 1. Subsidiaries as listed in ITEM 6.8 above along with the below listed companies. SN Fibers (49% interest) Playtex Marketing Corporation (50% interest)* * This company is an investment subject to the completion of the post closing obligations set forth in Section 7.1.11 of the Credit Agreement.
Ongoing Investments. Xxxx-Xxxxx Amended and Restated Credit Agreement [ON FILE WITH ADMINISTRATIVE AGENT] S-1 Xxxx-Xxxxx Amended and Restated Credit Agreement Agreed as of the date first above written /s/ XXXXX XXXXXX -------------------------------- XXXXX FARGO FOOTHILL, LLC By: XXXXX XXXXXX ------------------------------- Title: VICE PRESIDENT /s/ XXXXXXX XXXXXXX --------------------------------- GENERAL ELECTRIC CAPITAL CORPORATION By: XXXXXXX XXXXXXX --------------------------------- Title: SENIOR VICE PRESIDENT /s/ XXXX XXXXXXX --------------------------------- PNC BUSINESS CREDIT By: XXXX XXXXXXX --------------------------------- Title: VICE PRESIDENT /s/ XXXXXXX XXXXXXX --------------------------------- SUNTRUST BANKS, INC. By: XXXXXXX XXXXXXX --------------------------------- Title: DIRECTOR /s/ XXXXX XXXXXX ----------------------------------------- SIEMENS FINANCIAL SERVICES By: XXXXX XXXXXX ----------------------------------------- Title: VICE PRESIDENT - CREDIT /s/ S. XXXXXXX XXXX ----------------------------------------- COBANK, ACB By: S. XXXXXXX XXXX ----------------------------------------- Title: VICE PRESIDENT /s/ XXXX XXXXXX ------------------------ THE CIT GROUP/BUSINESS CREDIT, INC. By: XXXX XXXXXX ----------------------------------------- Title: EXECUTIVE VICE PRESIDENT /s/ XXXXXX XXXXXX ----------------------------------------- LASALLE BANK, N.A. By: XXXXXX XXXXXX ----------------------------------------- Title: FIRST VICE PRESIDENT AND DEPUTY DIVISION HEAD /s/ XXXXXXX XXXX --------------------------------- AMSOUTH BANK By: XXXXXXX XXXX --------------------------------- Title: ATTORNEY-IN-FACT /s/ ATILLA KOC --------------------------------- CREDIT LYONNAIS By: ATILLA KOC --------------------------------- Title: SENIOR VICE PRESIDENT /s/ XXXXX XXXXX --------------------------------- COMPASS BANK By: XXXXX XXXXX --------------------------------- Title: VICE PRESIDENT
Ongoing Investments. 1. Subsidiaries as listed in ITEM 6.8 under the caption “Domestic Subsidiaries” (each of which is a wholly- owned “Subsidiary” as defined in the Credit Agreement) and under the caption “Foreign Subsidiaries,” along with the following companies in the respective percentage listed below:
Ongoing Investments. Item numbers are keyed to refer to Sections where the item is principally referred to and will have to be revised as such Sections are renumbered. 84 TABLE OF CONTENTS
Ongoing Investments. Item numbers are keyed to refer to Sections where the item is principally referred to and will have to be revised as such Sections are renumbered. SCHEDULE 4.10 EXISTING LETTERS OF CREDIT BNS L/C# CPN Booking Entity Amount From Maturity --------------------------- ----------- --------- -------- 026 KIAC $ 750,000 30-Apr-00 Apr-01 08A125 Watsonville $ 827,945 07-Feb-00 Jan-01 08L0349 Watsonville $ 1,500,000 31-Dec-99 Jan-01 S030 Magic Valley $ 5,000,000 31-Dec-99 Mar-00 X000 Xxxxxxxx $ 3,240,000 27-0ct-99 Oct-00 S18572 Magic Valley Generation L.P. $ 581,400 27-May-99 27-May-00 (to be extended at maturity) S001 Tampa Electric $ 592,200 19-Nxx-00 Xxx-00 X007 Kansas City, Missouri Water Service Dept $ 2,078,100 16-Mar-00 Mar-01 S010 Sierra Pacific Power $ 1,573,000 31-Mar-00 Mar-01 S011 Sierra Pacific Power $ 1,573,000 31-Mar-00 Mar-01 S008 Nevada Power Company $ 694,100 31-Mar-00 Mar-01 S009 Nevada Power Company $ 694,100 31-Mar-00 Mar-01 TOTAL L/CS OUTSTANDING AT MAY 22, 2000 $19,103,845 EXHIBIT A NOTE $ May 23, 2000 ----------- FOR VALUE RECEIVED, the undersigned, CALPINE CORPORATION, a Delaware corporation (the "Borrower"), promises to pay to the order of ____________________ (the "Lender") on the Commitment Termination Date, the principal sum of _________________ DOLLARS ($ ________) or, if less, the aggregate unpaid principal amount of all Loans made by the Lender pursuant to that certain Second Amended and Restated Credit Agreement, dated as of May 23, 2000 (together with all amendments and other modifications, if any, from time to time thereafter made thereto, the "Credit Agreement"), among the Borrower, THE BANK OF NOVA SCOTIA, as Agent, and the various financial institutions (including the Lender) as are, or may from time to time become, parties thereto. The Borrower also promises to pay interest on the unpaid principal amount hereof from time to time outstanding from the date hereof until maturity (whether by acceleration or otherwise) and, after maturity, until paid, at the rates per annum and on the dates specified in the Credit Agreement. Payments of both principal and interest are to be made in lawful money of the United States of America in same day or immediately available funds to the account designated by the Agent pursuant to the Credit Agreement. This Note is one of the Notes referred to in, and evidences Indebtedness incurred under, the Credit Agreement, to which reference is made for a description of the security for this Note and for a ...
Ongoing Investments. SCHEDULE II PERCENTAGES;
