Common use of Promise to Pay; Promissory Notes Clause in Contracts

Promise to Pay; Promissory Notes. (a) Borrower agrees to pay the Lender Group Expenses on the earlier of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Borrower promises to pay all of the Revolver Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Revolver Maturity Date or, if earlier, on the date on which the Revolver Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Term Loan Maturity Date or, if earlier, on the date on which the Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Capex Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Capex Term Loan Maturity Date or, if earlier, on the date on which the Capex Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower agrees that its obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations. (b) Any Lender may request that any portion of its Commitments or the Loans made by it be evidenced by one or more promissory notes. In such event, Borrower shall execute and deliver to such Lender the requested promissory notes payable to the order of such Lender in a form furnished by Agent and reasonably satisfactory to Borrower. Thereafter, the portion of the Commitments and Loans evidenced by such promissory notes and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Promise to Pay; Promissory Notes. (a) The Borrower agrees to pay the Lender Group Expenses owing by Borrower on the earlier of (i) the last Business Day of each March, June, September and December of each year, commencing on the first day of such date to occur after the month Closing Date, following the date on which the applicable Lender Group Expenses were first incurred and identified to the Borrower or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the applicable Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). The Borrower promises to pay all of the Revolver Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in respect thereof) of the Initial Term Loans owing by Borrower in full on the Revolver Term Loan Maturity Date orDate, if earlier, on the date on which the Revolver such Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. The Borrower promises to pay all of the Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in respect thereof) of the Initial Revolving Loans owing by Borrower in full on the Term Loan Revolver Maturity Date orDate, if earlier, on the date on which such Obligations (other than the Term Loan Obligations Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. The Borrower promises to pay all of the Capex Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in respect thereof) of the Incremental Term Loans, Extended Term Loans, Incremental Revolving Loans and the Extended Revolving Loans owing by Borrower in full on the Capex Term Loan such applicable Maturity Date orDate, if earlier, on the date on which such Obligations (other than the Capex Term Loan Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. The Borrower promises to pay all of the remaining Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) of any Loans owing by Borrower in full on the Latest Maturity Date, if earlier, on the date on which such Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower agrees that its obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations. (b) Any Lender may request that any portion of its Commitments or the Loans made by it be evidenced by one or more promissory notes. In such event, Borrower shall promptly execute and deliver to such Lender the requested promissory notes payable to the order of such Lender (or, if requested by the Lender, to the Lender and its registered permitted assigns) in a form furnished by Agent and reasonably satisfactory to Borrower; it being understood and agreed that such Lender (and/or its applicable permitted assign) shall be required to return such promissory note to the Borrower in accordance with Section 13.1(h) and upon their repayment (or as promptly thereafter as practicable). Thereafter, the portion of the Commitments and Loans held by such Lender or its permitted assigns and evidenced by such promissory notes and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named thereinform.

Promise to Pay; Promissory Notes. (a) Borrower agrees to pay the Lender Group Expenses on the earlier of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being - 50 - acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Borrower promises to pay all of the Revolver Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Revolver Maturity Date or, if earlier, on the date on which the Revolver Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Delayed Draw Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Delayed Draw Term Loan Maturity Date or, if earlier, on the date on which the Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Capex Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Capex Term Loan Maturity Date or, if earlier, on the date on which the Capex Delayed Draw Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower agrees that its obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations. (b) Any Lender may request that any portion of its Commitments or the Loans made by it be evidenced by one or more promissory notes. In such event, Borrower shall execute and deliver to such Lender the requested promissory notes payable to the order of such Lender and its registered assigns in a form furnished by Agent and reasonably satisfactory to Borrower. Thereafter, the portion of the Commitments and Loans evidenced by such promissory notes and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Promise to Pay; Promissory Notes. (a) Borrower agrees to pay the Lender Group Expenses on the earlier of (i) the first day last Business Day of the month each calendar month, in arrears, following the date on which the applicable Lender Group Expenses were first incurred and invoiced to Borrower, or (ii) within 5 Business Days of the date on which written demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Agent shall (A) prior to requiring payment of any Lender Group Expenses consisting of legal fees and expenses, provide Borrower with a written summary invoice relating thereto and (B) promptly after request therefor by Borrower, provide Borrower with a written invoice or similar documentation with respect to any Lender Group Expenses other than legal fees and expenses. Borrower promises to pay all of the Revolver Obligations in respect of the Incremental Term Loan (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses)) in full on the Incremental Term Loan Maturity Date or, if earlier, on the date on which such Obligations become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof)) in full on the Revolver Maturity Date or, if earlier, on the date on which the Revolver Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Term Loan Maturity Date or, if earlier, on the date on which the Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Capex Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Capex Term Loan Maturity Date or, if earlier, on the date on which the Capex Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower agrees that its obligations contained in the first sentence of this Section 2.5(a) 2.5 shall survive payment or satisfaction in full of all other Obligations. (b) Any Lender may request that any portion of its Commitments or the Loans made by it be evidenced by one or more promissory notes. In such event, Borrower Bxxxxxxx shall execute and deliver to such Lender the requested promissory notes payable to the order of such Lender in a form furnished by Agent and reasonably satisfactory to Borrower. Thereafter, the portion of the Commitments and Loans evidenced by such promissory notes and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Promise to Pay; Promissory Notes. (a) Borrower agrees to pay the Lender Group Expenses on the earlier of of (i) the first day of the month following the date on which the applicable Lender Group Expenses were first incurred or (ii) the date on which demand therefor is made by Agent (it being acknowledged and agreed that any charging of such costs, expenses or Lender Group Expenses to the Loan Account pursuant to the provisions of Section 2.6(d) shall be deemed to constitute a demand for payment thereof for the purposes of this subclause (ii)). Borrower promises to pay 137020431v13 all of the Revolver Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Revolver Maturity Date or, if earlier, on the date on which the Revolver Obligations (other than the Bank Product Obligations) become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Delayed Draw Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Delayed Draw Term Loan Maturity Date or, if earlier, on the date on which the Delayed Draw Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower promises to pay all of the Capex Incremental Term Loan Obligations (including principal, interest, premiums, if any, fees, costs, and expenses (including Lender Group Expenses) in respect thereof) in full on the Capex maturity date of any Incremental Term Loan Maturity Date or, if earlier, on the date on which the Capex Incremental Term Loan Obligations become due and payable pursuant to the terms of this Agreement. Borrower agrees that its obligations contained in the first sentence of this Section 2.5(a) shall survive payment or satisfaction in full of all other Obligations. (b) Any Lender may request that any portion of its Commitments or the Loans made by it be evidenced by one or more promissory notes. In such event, Borrower shall execute and deliver to such Lender the requested promissory notes payable to the order of such Lender and its registered assigns in a form furnished by Agent and reasonably satisfactory to Borrower. Thereafter, the portion of the Commitments and Loans evidenced by such promissory notes and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein.