Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000). (b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04. (c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date. (d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Advance on its Advance Repayment Date as determined pursuant to Section 2.06(b), but in no event later the Maturity Date. (e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (f) The Administrative Agent shall maintain accounts in which it shall record the amount of each Advance made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be delivered. (g) The entries made in the accounts maintained pursuant to paragraph (b) or of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall govern. (h) The obligations of the Borrower to the Lenders will be evidenced by the Notes.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in seven equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.05 or 2.06) set forth opposite such date, but provided, however, that the first payment date shall occur on March 31, 2012 and the last payment date shall be March 31, 2015: Xxxxx 00, 0000 (xxxxx payment date) 14.285 % 6 14.285 % 12 14.285 % 18 14.285 % 24 14.285 % 30 14.285 % March 31, 2015 (the last payment date) 14.290 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.04 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Samples: Credit Agreement (Digicel Group LTD)
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in seven equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date, but provided, however, that the first payment date shall occur on March 31, and the last payment date shall be March 31, 2015: Payment Date Amount of Principal Due (the last Business Day of each month that is the respective number of months after the first payment date) (expressed as a percentage of the principal amount outstanding on the first principal payment date) Xxxxx 00, 0000 (xxxxx payment date) 14.285% 6 14.285% 12 14.285% 18 14.285% 24 14.285% 30 14.285% March 31, 2015 (the last payment date) 14.290% provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Samples: Credit Agreement
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in six (6) equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)2.05 or 2.06) set forth opposite such date, but provided, however, that the first payment date shall occur on September 30, 2014 and the last payment date shall be March 31, 2017: (the last Business Day of each month that is the respective number of months after the first payment date) (expressed as a percentage of the principal amount outstanding on the first principal payment date) September 30, 2014 (first payment date) 16.67 % 6 16.67 % 12 16.67 % 18 16.67 % 24 16.67 % March 31, 2017 (the last payment date) 16.65 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.04 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Samples: Tranche E 1 (Euro) Credit Agreement (Digicel Group LTD)
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in three (3) semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date and expressed as a percentage of the principal amount outstanding on the first principal payment date, but provided, however, that the first payment date shall occur on March 31, 2018 and the last payment date shall be March 31, 2019: Payment Date Amount of Principal Due March 31, 2018 25 % September 30, 2018 25 % March 31, 2019 50 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in three (3) semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.05 or 2.06) set forth opposite such date and expressed as a percentage of the principal amount outstanding on the first principal payment date, but provided, however, that the first payment date shall occur on March 31, 2018 and the last payment date shall be March 31, 2019: March 31, 2018 25 % September 30, 2018 25 % March 31, 2019 50 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.04 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will Advances or on such Notes when due. The Note issued to Citibank (Trinidad & Tobago) Limited under the Existing Tranche F Credit Agreement shall be evidenced by deemed a Note issued to such Lender under this Agreement and such Note shall be a “Note” hereunder; provided that the NotesBorrower shall provide a Note in the form of Exhibit A at the request of Citibank (Trinidad & Tobago) Limited.
Appears in 1 contract
Samples: Credit Agreement (Digicel Group LTD)
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in three (3) semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.05 or 2.06) set forth opposite such date and expressed as a percentage of the principal amount outstanding on the first principal payment date, but provided, however, that the first payment date shall occur on March 31, 2018 and the last payment date shall be March 31, 2019: Payment Date Amount of Principal Due (expressed as a percentage of the principal amount outstanding on the first principal payment date) March 31, 2018 25 % September 30, 2018 25 % March 31, 2019 50 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.04 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will Advances or on such Notes when due. The Note issued to Citibank (Trinidad & Tobago) Limited under the Existing Tranche F Credit Agreement shall be evidenced by deemed a Note issued to such Lender under this Agreement and such Note shall be a “Note” hereunder; provided that the NotesBorrower shall provide a Note in the form of Exhibit A at the request of Citibank (Trinidad & Tobago) Limited.
Appears in 1 contract
Samples: Credit Agreement
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in six (6) equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.05 or 2.06) set forth opposite such date, but provided, however, that the first payment date shall occur on September 30, 2014 and the last payment date shall be March 31, 2017: provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.04 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in six (6) equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.05 or 2.06) set forth opposite such date, but provided, however, that the first payment date shall occur on September 30, 2014 and the last payment date shall be March 31, 2017: (the last Business Day of each month that is the respective number of months after the first payment date) (expressed as a percentage of the principal amount outstanding on the first principal payment date) September 30, 2014 (first payment date) 16.67% 6 16.67% 12 16.67% 18 16.67% 24 16.67% March 31, 2017 (the last payment date) 16.65% provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.04 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in six (6) equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date, but provided, however, that the first payment date shall occur on September 30, 2014 and the last payment date shall be March 31, 2017: September 30, 2014 (first payment date) 16.67 % 6 16.67 % 12 16.67 % 18 16.67 % 24 16.67 % March 31, 2017 (the last payment date) 16.65 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in three (3) semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date and expressed as a percentage of the principal amount outstanding on the first principal payment date, but provided, however, that the first payment date shall occur on March 31, 2018 and the last payment date shall be March 31, 2019: Payment Date Amount of Principal Due March 31, 2018 25 % September 30, 2018 25 % March 31, 2019 50 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in three (3) semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date and expressed as a percentage of the principal amount outstanding on the first principal payment date, but provided, however, that the first payment date shall occur on March 31, 2018 and the last payment date shall be March 31, 2019: Payment Date Amount of Principal Due (expressed as a percentage of the principal amount outstanding on the first principal payment date) March 31, 2018 25 % September 30, 2018 25 % March 31, 2019 50 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Samples: Tranche H Credit Agreement
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in three (3) semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date and expressed as a percentage of the principal amount outstanding on the first principal payment date, but provided, however, that the first payment date shall occur on March 31, 2018 and the last payment date shall be March 31, 2019: March 31, 2018 25 % September 30, 2018 25 % March 31, 2019 50 % provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Samples: Credit Agreement (Digicel Group LTD)
Repayment of Advances; Evidence of Debt. (a) The Advances made to the Borrower by each Lender shall be evidenced by a Note payable to the order of such Lender. The aggregate outstanding principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000).
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent at the Administrative Agent’s Account for the ratable account of each Lender the then unpaid Lenders the outstanding principal amount of the Advances in seven equal semi-annual installments on each Advance on its Advance Repayment Date date set forth below in the aggregate principal amount (as determined such amount may be reduced from time to time pursuant to Section 2.06(b)Sections 2.5 or 2.6) set forth opposite such date, but provided, however, that the first payment date shall occur on March 31, and the last payment date shall be March 31, 2015: provided that the final such installment shall in no any event later be in an amount sufficient to pay the Maturity Dateaggregate principal amount of the Advances in full.
(eb) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each the Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Advance made hereunderhereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.4 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The Borrower will execute and deliver to each Lender a promissory note of the Borrower in the amount of any Advances owing to such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a “Note”). The Borrower irrevocably authorizes each Lender to make or cause to be made an appropriate notation on the Schedule attached to such Lender’s Note of the making of Advances or the receipt of payments, but the failure to record, or any error in so recording, any amount of such Advances or payments on such Schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Notes delivered to such Lender to make payments of principal of or interest on the Lenders will be evidenced by the NotesAdvances or on such Notes when due.
Appears in 1 contract
Samples: Tranche E (Euro) Credit Agreement (Digicel Group LTD)
Repayment of Advances; Evidence of Debt. (a) The Borrowers unconditionally promise to pay the Administrative Agent, on behalf of the Banks, on the Termination Date (or such earlier date on which the Advances become due and payable pursuant to Section 6.01), the unpaid principal amount of each Advance made to any of them by the Borrower by each Lender shall be evidenced by a Note payable to the order of such LenderBanks. The aggregate outstanding Borrowers further agree to pay interest in immediately available funds at the office of the Administrative Agent on the unpaid principal amount of the Notes shall not exceed FIVE HUNDRED MILLION DOLLARS ($500,000,000)Advances from time to time from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.06.
(b) Each LIBOR Advance shall be due and payable on the last day of the Interest Period ending closest to six months after disbursement thereof (the “Advance Repayment Date”), determined as provided in Section 2.04.
(c) Any Advance that, 180 days after the initial disbursement, is an ABR Advance, shall be due and payable on that date.
(d) The aggregate unpaid principal balance of all outstanding Advances, together with interest thereon shall be payable in full on the Maturity Date. The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Advance on its Advance Repayment Date as determined pursuant to Section 2.06(b), but in no event later the Maturity Date.
(e) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the any Borrower to such Lender Bank resulting from each Advance the Advances made by such LenderBank to such Borrower, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder.
(fc) The Administrative Agent shall maintain accounts the Register pursuant to subsection 8.02, and a subaccount for each Bank, in which it Register and subaccounts (taken together) shall record be recorded (i) the amount of each Advance made hereunder, the type of each Advance made and the Interest Period or maturity date (if any) applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder, Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders from such Borrower and each LenderBank’s share thereof and (iv) the principal amount of any Note issued under Section 9.04(e) hereof, and the name, address and wire transfer instructions and any other account information for the assignee to which such Note will be deliveredthereof.
(gd) The entries made in the Register and the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section subsection shall be prima facie evidence of the existence and amounts of the obligations recorded items contained therein; provided provided, however, that the failure of any Lender Bank or the Administrative Agent to maintain such accounts account, such Register or such subaccount, as applicable, or any error therein therein, shall not in any manner affect the obligation of the such Borrower to repay (with applicable interest) the Advances Advance made to such Borrower by such Bank in accordance with the terms of this Agreement and, in the event of any discrepancy between such entries, the entries in the accounts maintained by the Administrative Agent shall governAgreement.
(he) The obligations If requested by any Bank, the applicable Borrower shall execute and deliver, at the Company’s expense, to such Bank (and deliver a copy thereof to the Administrative Agent) one or more promissory notes evidencing the Advances owing to such Bank pursuant to this Agreement. Any such note shall be substantially in the form of Exhibit C, and shall be entitled to all of the Borrower to the Lenders will be evidenced by the Notesrights and benefits of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Donnelley R R & Sons Co)