Repayment of Loan; Evidence of Debt. (a) The outstanding principal amount of the Loan shall be due and payable on the Maturity Date or, if earlier, on the date on which such Loan is declared due and payable pursuant to the terms of this Agreement.
(b) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Obligations of the Borrower to the Lender resulting from the Loan, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(c) The entries made in the accounts maintained pursuant to the provisions above shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error); provided that the failure of the Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loan in accordance with the terms of this Agreement.
(d) The Lender may request that the Loan made by it be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to the Lender a promissory note payable to the order of the Lender (or, if requested by the Lender, to the Lender and its registered assigns) in a form reasonably acceptable to the Lender (a “Note”). Thereafter, the Loan evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 11.07) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns), in each case subject to the terms and conditions of this Agreement.
Repayment of Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay to the Lender in full in cash, to the extent not previously paid, the then-unpaid principal amount of the Loan on the Maturity Date.
(b) The Borrower will execute and deliver to the Lender an executed promissory note evidencing the Loan on the Closing Date.
Repayment of Loan; Evidence of Debt. (a) The Borrower unconditionally promises to pay to Oaktree, or any successor or permitted assignee or third party beneficiary thereof, on the applicable Maturity Date (or such earlier date on which the Loan becomes due and payable pursuant to Section 7), the then unpaid principal amount of the Loan due and payable on such Maturity Date (or such earlier date on which the Loan becomes due and payable pursuant to Section 7). The Borrower further agrees to pay interest on the unpaid principal amount of the Loan as set forth in Section 2.3.
(b) The Borrower’s unconditional promise to pay the Loan and any interest thereon shall be evidenced by the Note, which shall be executed and delivered by the Borrower on the 1A Closing Date in connection with the making of the Loan by the Lender.
Repayment of Loan; Evidence of Debt. Borrower hereby unconditionally promises to pay to the order of Lender the unpaid principal amount of each Loan, together with interest thereon. Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of Borrower to Lender resulting from each Loan made by Lender, including the amounts of principal and interest payable and paid to Lender from time to time hereunder. The entries made in the accounts maintained pursuant to the preceding sentence shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that Lender’s failure to maintain such accounts or any error therein shall not in any manner affect Borrower’s obligation to repay each Loan in accordance with the terms of this Agreement. In the event of any default by Borrower in payment or performance of any of the Obligations (as hereinafter defined), Lender may declare this Agreement and any other note, schedule, supplement, lease, guaranty, agreement, instrument or document executed in conjunction herewith (collectively, the “Loan Documents”) to be in default hereunder and Lender may proceed with its remedies against Borrower in accordance with paragraph 26, below, with respect to any or all of the Loan Documents.
Repayment of Loan; Evidence of Debt. (a) The Borrower shall repay the Loan in thirty-five (35) equal installments of three hundred fifty five thousand five hundred Dollars ($355,500) due on the tenth (10th) day of each calendar month starting on the full calendar month next succeeding the first anniversary of the Closing Date until May 10, 2003 and the Borrower shall repay the entire unpaid principal amount of the Loan on the Termination Date, and agrees to pay in cash all unpaid interest accrued thereon, in accordance with the terms of this Agreement and the Note, and further agrees that all outstanding Obligations shall be paid in full on or before the Termination Date.
(b) The Lender shall maintain an account evidencing any Debt of the Borrower to the Lender resulting from the Loan, including, without limitation, the amounts of principal and interest payable and paid to the Lender from time to time under this Agreement. The entries made in such account shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, however, that the failure of the Lender to maintain such an account or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loan in accordance with its terms.
Repayment of Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the Lender the then unpaid principal amount of the Loan on the Maturity Date, or on such earlier date on which the Loan becomes due and payable pursuant to this Section 2 or Section 7. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loan from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.8.
(b) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrower to such Lender resulting from the Loan from time to time, including the amounts of principal and interest payable and paid to the Lender from time to time under this Agreement.
(c) The Administrative Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 9.6(d), in which shall be recorded (i) the amount of the Loan made hereunder and the Note evidencing such Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to the Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and the Lender’s share thereof.
(d) The entries made in the Register and the account of the Lender maintained pursuant to Section 2.3(c) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of the Lender or the Administrative Agent to maintain the Register or any such account, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loan made to the Borrower by the Lender in accordance with the terms of this Agreement.
(e) The Borrower agrees that, upon its receipt of notice of the request to the Administrative Agent by the Lender, the Borrower will promptly execute and deliver to such Lender a promissory note of the Borrower evidencing the Loan or any portion thereof held by such Lender, substantially in the form of Exhibit B (a “Note”), with appropriate insertions as to date and then outstanding principal amount; provided, that delivery of the Note shall not be a condition precedent to the occurrence of the making of the Loan on the Closing Date.
Repayment of Loan; Evidence of Debt. (a) Each of ReGen and RBIO, jointly and not severally, hereby unconditionally promises to pay to the Lender the then unpaid principal amount of the Loans. All payments and prepayments under this Agreement and the Note, whether of principal, interest or other amounts, shall be made in accordance with Section 3.3.
(b) The Borrower's obligation to pay the principal of and interest on the Loans shall be evidenced by a promissory note (a “Note”), duly executed and delivered by the Borrower substantially in the form of Exhibit A hereto, with blanks appropriately completed in conformity herewith. The Note shall (i) be payable to the order of the Lender, and shall be dated the date of the borrowing of the related Loans from time to time, (ii) be in a stated principal amount equal to the Loans evidenced thereby, (iii) mature on the Maturity Date, (iv) be subject to mandatory prepayment as provided herein, (v) bear interest as provided in Section 2.5 and (vi) be entitled to all of the benefits of this Agreement.
(c) The Lender shall xxxx the Note on its internal records the amount of each Loan and each payment with respect thereto; provided that the failure to make, or any error in making, a notation with respect to a Loan shall not limit or otherwise affect the obligation of the Borrower hereunder or under the Note. Such notations shall constitute conclusive evidence (absent manifest error) of the accuracy of the information contained therein.
Repayment of Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender consecutive monthly installments in the amount of $1,000,000 each, in reduction of the principal balance of the Loan, commencing on the third anniversary of the Effective Date, and on each Interest Payment Date thereafter through and including the Interest Payment Date immediately preceding the Maturity Date; provided, however, that, if on any Interest Payment Date on which an installment of principal is due (i) the Debt Service Coverage Ratio equals or exceeds 1.3 to 1, as determined by the Administrative Agent and (B) no Event of Default shall have occurred and be continuing, then the Administrative Agent, may, in its sole discretion, deposit the installment of principal paid by the Borrower pursuant to this Section 2.02(a) into a cash collateral account established pursuant to the Cash Collateral Agreement to be held by the Administrative Agent as security for the Loan.
(b) The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender on the Maturity Date the then unpaid principal amount of the Loan together with all interest accrued and unpaid and all other sums then owing hereunder and under any other Transaction Document.
(c) 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 the portion of the Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(d) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of the portion of the Loan made by each Lender hereunder, the Type thereof 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 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.
(f) The Borrower shall, at the request of the Administrative Agent, prepare, execute and deliver to each Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns).
Repayment of Loan; Evidence of Debt. (a) The Borrowers jointly and severally promise to pay to the Lender the then unpaid principal amount of the Loan on the Maturity Date. The Borrowers hereby further agree to pay interest on the unpaid principal amount of the Loan from time to time outstanding from the date hereof until payment in full thereof as set forth in Sections 2.4 and 2.6.
(b) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Borrowers to the Lender from time to time, including the amounts of principal and interest payable and paid to the Lender from time to time under this Agreement.
Repayment of Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay to the Lender the then unpaid principal amount of the Loan on the Maturity Date.
(b) The Lender shall maintain accounts in which it shall record (i) the amount of the Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to the Lender hereunder, and (iii) the amount of any sum received by the Lender hereunder for the account of the Lender.
(c) The entries made in the accounts maintained pursuant to paragraph (b) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of the Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loan in accordance with the terms of this Agreement.
