Common use of Pursuant to ss Clause in Contracts

Pursuant to ss. 2.6 of the Credit Agreement, we hereby request that a Revolving Credit Loan consisting of [a Base Rate Loan in the principal amount of $__________, or a Eurodollar Rate Loan in the principal amount of $__________ with an Interest Period of _________] be made on __________ __, __. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Revolving Credit Loan on such date. We hereby certify (a) that the aggregate outstanding principal amount of the Revolving Credit Loans on today's date is $_________, (b) that we will use the proceeds of the requested Revolving Credit Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit Agreement or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties related expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, WESTERN DIGITAL CORPORATION By: ---------------------------------------- Name: Title: 102 EXHIBIT D FORM OF TERM NOTE $___________________ as of January 28, 1998 FOR VALUE RECEIVED, the undersigned WESTERN DIGITIAL CORPORATION, a Delaware corporation, (the "Borrower"), hereby promises to pay to the order of [INSERT NAME OF LENDER] (the "Bank") at the Agent's Head Office (as defined in the Credit Agreement referred to below):

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Western Digital Corp)

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Pursuant to ss. 2.6 2.3 of the Credit Agreement, we hereby request that a Revolving Credit B Loan consisting of [a Base Rate Loan in the principal amount of $__________, or a Eurodollar LIBOR Rate Loan in the principal amount of $__________ with an Interest Period of _________] be made on __________ __, 200__. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Revolving Credit B Loan on such date. Exhibit 4.1 - Page 126 Fleet National Bank, as Administrative Agent _________ __, 200_ We hereby certify (a) that the aggregate outstanding principal amount of requested herein including all principal amount currently outstanding does not exceed the Company's ability to borrow under the Revolving Credit Loans on today's date is $_________B Loans, (b) that we will use the proceeds of the requested Revolving Credit B Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit Agreement or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties related expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, WESTERN DIGITAL WISCONSIN CENTRAL TRANSPORTATION CORPORATION By: ---------------------------------------- ------------------------------------- Name: Title: 102 EXHIBIT D B [FORM OF] NOTICE OF TERM NOTE $_______CONVERSION OR CONTINUATION ____________ __, 200_ Fleet National Bank, as Administrative Agent 000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Re: Notice of January 28, 1998 FOR VALUE RECEIVED, the undersigned WESTERN DIGITIAL CORPORATION, a Delaware corporation, (the "Borrower"), hereby promises to pay to the order of [INSERT NAME OF LENDER] (the "Bank") at the Agent's Head Office (as defined in the Credit Agreement referred to below):Conversion or Continuation Ladies and Gentlemen:

Appears in 1 contract

Samples: Revolving Credit Agreement (Wisconsin Central Transportation Corp)

Pursuant to ss. 2.6 of the Credit Agreement, we hereby request that a Revolving Credit Loan consisting of [a Base Rate Loan in the thE principal amount of $__________, or a Eurodollar Rate Loan in the principal amount of $__________ with an Interest Period of ________, be made on_________] be made on __________ __, __. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Revolving Credit Loan on such date. We hereby certify (a) that the aggregate outstanding principal amount of the Revolving Credit Loans on today's date is $_________, _______________________ (b) that we will use the proceeds of the requested Revolving Credit Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit Agreement or in any document or instrument delivered pursuant to or in connection with the Credit Agreement therewith was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and changes occurring in the ordinary course of business that singly or in the aggregate are do not materially adversehave a material adverse effect, and to the extent that such representations and warranties related expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, WESTERN DIGITAL CORPORATION DSL.NET, INC. By: ---------------------------------------- Name: ------------------------------------ Title: 102 EXHIBIT D C --------- FORM OF TERM NOTE ----------------- $___________________ as of January 28, 1998 [insert Conversion Date] FOR VALUE RECEIVED, the undersigned WESTERN DIGITIAL CORPORATIONDSL.NET, INC., a Delaware corporation, (the "Borrower"), hereby promises to proxxxxx xo pay to the order of [INSERT NAME OF LENDER] FLEET NATIONAL BANK, a national banking association (the "BankLender") at the AgentLender's Head Office (as defined in the Credit Agreement referred to below):office at 100 Federal Street, Boston, Massachusetts 02110:

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (DSL Net Inc)

Pursuant to ss. 2.6 2.3 of the Credit Agreement, we hereby request that a Revolving Credit A Loan consisting of [a Base Rate Loan in the principal amount of $__________, or a Eurodollar LIBOR Rate Loan in the principal amount of $__________ with an Interest Period of _________] be made on __________ __, 200__. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Revolving Credit A Loan on such date. Fleet National Bank, as Administrative Agent _________ __, 200_ We hereby certify (a) that the aggregate outstanding principal amount of requested herein including all principal amount currently outstanding does not exceed the Company's ability to borrow under the Revolving Credit Loans on today's date is $_________A Loans, (b) that we will use the proceeds of the requested Revolving Credit A Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit Agreement or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties related expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, WESTERN DIGITAL WISCONSIN CENTRAL TRANSPORTATION CORPORATION By: ---------------------------------------- ------------------------------------- Name: Title: 102 EXHIBIT D A-2 [FORM OF] NOTICE OF TERM NOTE $B LOAN BORROWING WISCONSIN CENTRAL TRANSPORTATION CORPORATION One X'Xxxx Centre 0000 Xxxxx Xxxxx Xxxx Xxxxx 0000 Xxxxxxxx, Xxxxxxxx 00000 ______________ __, 200__ Fleet National Bank, as Administrative Agent 000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attention: ___________________ as of January 28, 1998 FOR VALUE RECEIVED, the undersigned WESTERN DIGITIAL CORPORATION, a Delaware corporation, (the "Borrower"), hereby promises to pay to the order of [INSERT NAME OF LENDER] (the "Bank") at the Agent's Head Office (as defined in the Credit Agreement referred to below):Ladies and Gentlemen:

Appears in 1 contract

Samples: Revolving Credit Agreement (Wisconsin Central Transportation Corp)

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Pursuant to ss. 2.6 4.6 of the Credit Agreement, we hereby request that a Revolving Credit Growth Loan consisting of [**a Base BasE Rate Loan in the principal amount of $__________$ ], or [a Eurodollar Rate Loan in the principal amount of $__________ with an Interest Period of __________**] be made on __________ __, _____. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Revolving Credit Growth Loan on such date. We hereby certify (a) that the aggregate outstanding principal amount of the Revolving Credit Growth Loans on today's date is $_________, ,(b) that we will use the proceeds of the requested Revolving Credit Growth Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit Agreement or in any document 106 BankBoston, N.A., as Agent or instrument delivered pursuant to or in connection with the Credit Agreement was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties related expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, WESTERN DIGITAL CORPORATION PERKXXX XXXTAURANTS OPERATING COMPANY, L.P. By: ---------------------------------------- Perkins Management Company, Inc., its General Partner By: ------------------------------------ Name: Title: 102 107 EXHIBIT D E FORM OF TERM NOTE $___________________ COMPLIANCE CERTIFICATE ------------,----- BankBoston, N.A., as Agent 100 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Xxdies and Gentlemen: Reference is made to the Revolving Credit Agreement, dated as of January 28June 25, 1998 FOR VALUE RECEIVED1997 (as amended and in effect from time to time, the undersigned WESTERN DIGITIAL CORPORATION"Credit Agreement"), by and among Perkxxx Xxxtaurants Operating Company, L.P., a Delaware corporation, corporation (the "Borrower"), hereby promises Perkxxx Xxxily Restaurants, L.P., the financial institutions which are or may become parties thereto from time to pay to time (collectively, the order of [INSERT NAME OF LENDER] "Banks"), and BankBoston, N.A. as agent (the "BankAgent") at for the Agent's Head Office (as Banks. Capitalized terms which are used herein without definition and which are defined in the Credit Agreement referred shall have the respective meanings assigned to below):such terms in the Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Perkins Family Restaurants Lp)

Pursuant to ss. 2.6 of the Credit Agreement, we hereby request that a Revolving Credit Loan consisting of oF [**a Base Rate Loan in the principal amount of $__________, $ ,] or [a Eurodollar Rate Loan in the principal amount of $__________ with an Interest Period of _________**] be made on __________ __, _____. We understand that this request is irrevocable and binding on us and obligates us to accept the requested Revolving Credit Loan on such date. We hereby certify (a) that the aggregate outstanding principal amount of the Revolving Credit Loans on today's date is $__________ , (b) that we will use the proceeds of the requested Revolving Credit Loan in accordance with the provisions of the Credit Agreement, (c) that each of the representations and warranties contained in the Credit 100 BankBoston, N.A., as Agent Agreement or in any document or instrument delivered pursuant to or in connection with the Credit Agreement was true as of the date as of which it was made and is true at and as of the date hereof (except to the extent of changes resulting from transactions contemplated or permitted by the Credit Agreement and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties related expressly to an earlier date) and (d) that no Default or Event of Default has occurred and is continuing. Very truly yours, WESTERN DIGITAL CORPORATION PERKXXX XXXTAURANTS OPERATING COMPANY, L.P. By: ---------------------------------------- Perkins Management Company, Inc., its General Partner By: ------------------------------------- Name: Title: 102 101 EXHIBIT D C FORM OF TERM GROWTH LOAN NOTE $_______________ as of June __, 1997 FOR VALUE RECEIVED, the undersigned PERKXXX XXXTAURANTS OPERATING COMPANY, L.P., a Delaware limited partnership (the "Borrower"), hereby promises to pay to the order of _____________________ as of January 28, 1998 FOR VALUE RECEIVED, the undersigned WESTERN DIGITIAL CORPORATION, a Delaware corporation, (the "Borrower"), hereby promises to pay to the order of [INSERT NAME OF LENDER] (the "Bank") at the Agent's Head Office (as such term is defined in the Revolving Credit Agreement referred and Term Loan Agreement, dated as of June 25, 1997 (as amended, restated, supplemented, or otherwise modified and in effect from time to below):time, the "Credit Agreement"), by and among the Borrower, Perkxxx Xxxily Restaurants, L.P., the Bank, the other lending institutions party thereto, and BankBoston, N.A., as Agent:

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Perkins Family Restaurants Lp)

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