Common use of Repayment of Loan; Evidence of Debt Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.)

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Repayment of Loan; Evidence of Debt. (a) The outstanding Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of the Lender the then unpaid principal amount of the Loan shall be due and payable on the Maturity Date orDate, if earlier, or on the such earlier date on which such the Loan is declared becomes due and payable pursuant to this Section 2 or Section 7. The Borrower hereby further agrees to pay interest on the terms unpaid principal amount of this Agreementthe 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 the Obligations indebtedness of the Borrower to the such Lender resulting from the LoanLoan from time to time, including the amounts of principal and interest payable and paid to the Lender from time to time hereunderunder 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 accounts Register and the account of the Lender maintained pursuant to Section 2.3(c) shall, to the provisions above shall extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded of the Borrower therein (absent manifest error)recorded; provided provided, however, that the failure of the Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein 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. (de) The Lender may Borrower agrees that, upon its receipt of notice of the request that to the Loan made Administrative Agent by it be evidenced by a promissory note. In such eventthe Lender, the Borrower shall will promptly execute and deliver to the such Lender a promissory note payable to the order of the Lender (or, if requested Borrower evidencing the Loan or any portion thereof held by the such Lender, to substantially in the Lender and its registered assigns) in a form reasonably acceptable to the Lender of Exhibit B (a “Note”). Thereafter, 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 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 on 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 AgreementClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Repayment of Loan; Evidence of Debt. (a) The Subject to ‎Article X, 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.

Appears in 1 contract

Samples: Secured Convertible Credit and Security Agreement (Armata Pharmaceuticals, Inc.)

Repayment of Loan; Evidence of Debt. (a) The outstanding principal amount of the Loan Initial Term Loans, and all accrued and unpaid interest thereon, shall be due and payable on the earlier of (A) the Maturity Date or, if earlier, on and (B) the date on which such Loan is the Initial Term Loans are declared due and payable pursuant to the terms of this Agreement. (b) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Obligations Indebtedness of the Borrower to the such Lender resulting from the LoanLoans made by such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder. (c) Agent shall maintain accounts in which it shall record (i) the amount of the Loans 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 and (iii) the amount of any sum received by Agent hereunder for the account of the Lenders and each Lxxxxx’s share thereof. (d) The entries made in the accounts maintained pursuant to the provisions clauses (b) and (c) above shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that (i) the failure of the any Lender or Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loan Loans in accordance with the terms of this Agreement. Agreement and (dii) The Lender may request that in the Loan event of any conflict between the entries made by it be evidenced by a promissory note. In such eventin the accounts maintained pursuant to clause (b) above and the accounts maintained pursuant to clause (c) above, 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 accounts maintained pursuant to Section 11.07clause (c) 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 above shall govern and its registered assigns), in each case subject to the terms and conditions of this Agreementcontrol.

Appears in 1 contract

Samples: Credit Agreement (GAN LTD)

Repayment of Loan; Evidence of Debt. (a) The outstanding principal amount of the Loan shall be due and payable repaid in full on the Final Maturity Date or, if earlier, on the date on which such Loan is declared due and payable pursuant to the terms of this AgreementDate. (b) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Obligations Indebtedness of the Borrower to the such Lender resulting from the LoanLoan made by such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder. (c) The Agent shall maintain accounts in which it shall record (i) the amount of each Lender's Loan 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 and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender's share thereof. (d) The entries made in the accounts maintained pursuant to the provisions above paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Lender Agent 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. (de) The Any 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 such Lender a promissory note payable to the order of the such Lender (or, if requested by the such Lender, to the such Lender and its registered assigns) in a form furnished by the Agent and reasonably acceptable to the Lender (a “Note”)Borrower. Thereafter, the Loan evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 11.07) be represented by one or more Notes promissory notes in such form payable to the order of the payee named therein (or, if such Note promissory note is a registered note, to such payee and its registered assigns), in each case subject to the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (Scottish Re Group LTD)

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Repayment of Loan; Evidence of Debt. (a) The outstanding principal amount of the Loan shall be due and payable on the Final Maturity Date or, if earlier, on the date on which such Loan is declared due and payable pursuant to the terms of this AgreementDate. (b) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Obligations Indebtedness of the Borrower to the such Lender resulting from the LoanLoan made by such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder. (c) The Agent 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 each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to the provisions above paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Lender Agent 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. (de) The Lender may request that the Loan made by it each Lender shall be evidenced by a promissory note. In such event, note in substantially the form of Exhibit H. The Borrower shall execute and deliver to the each Lender a promissory note payable to the order of the such Lender (or, if requested by the such Lender, to the such 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.

Appears in 1 contract

Samples: Financing Agreement (Composite Technology Corp)

Repayment of Loan; Evidence of Debt. (a) The outstanding Borrower hereby unconditionally promises to pay to the Lender the then-unpaid principal amount of the Loan shall be due and payable on the Maturity Date or, if earlier, on Date. The Borrower will repay the date on principal amount of the Loan and the accrued interest thereon in the currency in which such Loan is declared due and payable pursuant to the terms of this Agreementdenominated. (b) The Lender shall shall, acting solely for this purpose as an agent of the Borrower, maintain in accordance with its usual practice an account or accounts a register (the “Register”) showing (i) the amount of the Loan made hereunder and any promissory note evidencing the Obligations Loan, the Type thereof and the Interest Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to the Lender resulting from hereunder and (iii) the Loan, including amount of any sum received by the amounts of principal and interest payable and paid to the Lender from time to time hereunderLender. (c) The entries made in the register and the accounts maintained pursuant to the provisions above clause (b) shall be prima facie evidence of the existence and amounts of the obligations Obligations recorded therein (absent manifest error)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 Obligations in accordance with the terms of this Agreement. The Register shall be available for inspection by the Borrower at any reasonable time and from time to time upon reasonable prior notice. (d) The Lender may request that the Loan made by it be evidenced by a promissory note. note (the “Note”) in the form of Exhibit A. In such event, the Borrower shall prepare, execute and deliver to the Lender a promissory note 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 the Note and interest thereon shall at all times (including after assignment pursuant to Section 11.079.4) be represented by one or more Notes in such form promissory notes 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 Agreementtherein.

Appears in 1 contract

Samples: Credit Agreement (Coeur Mining, Inc.)

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