Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement. (c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR 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 from the Borrower and each Lender’s share thereof. (d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 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 that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail. (e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender. (f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 7 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 6 contracts
Samples: 364 Day Revolving Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement (Southern California Edison Co)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby jointly and severally unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Revolving Facility Lender the then unpaid Loansprincipal amount of each Revolving Facility Loan on the Revolving Facility Maturity Date applicable to such Revolving Facility Loans and (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Facility and Type of each Loan made thereof and the LIBOR 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 Borrowers to each Lender hereunder and (iii) the any amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. note (a “Note”) in the applicable form set out in Exhibit L. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and reasonably acceptable to the Borrowers. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.610.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 6 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent (i) for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan on the Termination Date and (ii) for the account of each Lender the then unpaid principal amount of each ABR Loan deemed to be made pursuant to Section 2.04(d) on the maturity date therefor as determined pursuant to Section 2.04(d).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The Register and the corresponding entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a substantially the form approved by the Administrative Agent. of Exhibit F. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.611.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 6 contracts
Samples: Revolving Credit Agreement (Nisource Inc/De), Revolving Credit Agreement (Nisource Inc/De), Revolving Credit Agreement
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of all Revolving Credit Loans of such Lender on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender in installments on the dates and in the amounts set forth in subsection 2.7(b) (or on such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 subsection 2.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 9.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower dated the Closing Date evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A-1 (in the case of Revolving Credit Loans) or A-2 (in the case of Term Loans) with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (each, a form approved by the Administrative Agent"Note"). Thereafter, the Loans evidenced by any such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 12.6subsection 9.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 6 contracts
Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum Finance Corp), Credit Agreement (Sprint Spectrum L P)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans, in Dollars.
(b) [INTENTIONALLY OMITTED]
(c) [INTENTIONALLY OMITTED]
(d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(ce) The Administrative Agent shall maintain the Register pursuant to Section 12.614.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR 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 from the Borrower and each Lender’s share thereof.
(df) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bd) and (ce) of this Section 2.5 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 5 contracts
Samples: Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured Credit Agreement (Intelsat LTD)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Administrative Agent for the benefit account of each Lender the Lendersthen unpaid principal amount of each Loan of such Lender, and each Loan shall mature, on the Maturity DateDate (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Closing Date until payment in full thereof at the rates per annum, repay to and on the Administrative Agent the then-unpaid Loansdates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 5 contracts
Samples: Term Loan Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Term Loan Credit Agreement (Southern California Edison Co), Term Loan Credit Agreement (Southern California Edison Co)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Note").
Appears in 5 contracts
Samples: Credit Agreement (Edison International), Credit Agreement (Edison International), Credit Agreement (Southern California Edison Co)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Maturity Date, repay to the Administrative Agent the then-then unpaid Loans, in Dollars.
(b) [Reserved].
(c) [Reserved].
(d) [Reserved].
(e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(cf) The Administrative Agent shall maintain the Register pursuant to Section 12.614.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR 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 from the Borrower and each Lender’s share thereof.
(dg) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (be) and (cf) of this Section 2.5 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency of any conflict between the accounts maintained by a Lender pursuant to Section 2.5(b) Register and the Register maintained by the Administrative Agent pursuant to Section 12.6account or accounts of each Lender, the said Register shall prevailcontrol absent manifest error.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 5 contracts
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.), Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.), Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay Borrowers hereby unconditionally promise to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan of such Lender on the Revolving Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.09 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made by the Swingline Lender on the earlier to occur of (A) the date that is ten (10) Business Days after such Loan is made and (B) the Revolving Maturity Date; provided that on each date that a Revolving Borrowing is made, the Revolving Borrowers shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeXxxxxx, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain shall, in connection with maintenance of the Register pursuant to in accordance with Section 12.6, and a sub-account for each Lender, 9.04(b)(iv) maintain accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal principal, premium, interest or interest fees due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each LenderXxxxxx’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, 2.08 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender pay any amounts due hereunder in accordance with the terms of this Agreement. In the event that there is an of any inconsistency between the accounts maintained by a Lender entries made pursuant to Section 2.5(bparagraphs (b) and (c) of this Section 2.08, the Register accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section 12.6, the said Register 2.08 shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory noteNote. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 5 contracts
Samples: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the Loan Loans made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR 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 from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.5 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 that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 4 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallhereby promises to pay to the Administrative Agent, for the benefit of the applicable Revolving Lenders, (i) on the earlier of (a) 15 Business Days after such Swingline Loan is initially borrowed and (b) the Swingline Maturity Date, the then outstanding Swingline Loans, and (ii) on the Maturity Date, repay to the Administrative Agent the then-unpaid then outstanding principal amount of all Revolving Loans.
(b) The Borrower hereby promises to pay to the Administrative Agent, for the account of the Term Loan Lenders, in equal quarterly installments, which shall be due and payable on last Business Day of each March, June, September and December, commencing March 31, 2016, an amount of 2.5% of aggregate principal amount of the Term Loans outstanding on the Funding Date (as adjusted from time to time pursuant to Section 5.1 and Section 5.2), with the outstanding principal balance of the Term Loans due and payable on the Maturity Date.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(cd) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.614.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR 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 or the Swingline Lenders hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawRequirements of Law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory notenote substantially in the form of Exhibit I hereto. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.614.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (California Resources Corp), Credit Agreement (California Resources Corp)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender or to the relevant Issuing Lender, as applicable, the then unpaid Loansprincipal amount of each Revolving Facility Loan on the Maturity Date therefor. Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans and Reimbursement Obligations of such Borrower 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 4.2.
(b) Each Lender shall maintain in accordance with its usual practice an account a record or accounts evidencing the Indebtedness records setting forth all of the indebtedness of each Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office or other Extension of Credit of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrowers, shall maintain the Register pursuant to required by Section 12.611.7(d), and shall include a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunderand a copy of the Note, if any, evidencing such Loan, the Type of thereof and each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest or fee due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and hereunder, (iii) the amount of such Lender’s share of any Unreimbursed Amount and (iv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts the records of each Lender maintained pursuant to paragraphs (bSection 4.5(b) and (c) of this Section shall, to the extent permitted by applicable lawLaw, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recordedrecorded (absent manifest error); provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans and other extensions of credit hereunder made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments Any Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, Borrowers will execute and deliver to such Lender a promissory note payable to evidencing the order Revolving Facility Loans or the Swing Line Loans, as applicable, of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A-1 or A-2, as applicable, with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (individually, a form approved by the Administrative Agent. Thereafter“Note” and, collectively, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Notes”).
Appears in 3 contracts
Samples: Credit Agreement (Cypress Environmental Partners, L.P.), Credit Agreement (Cypress Environmental Partners, L.P.), Credit Agreement (Cypress Energy Partners, L.P.)
Repayment of Loans; Evidence of Debt. (a) The Parent Borrower shall, for and the benefit of the Lenders, on the Maturity Date, repay Co-Borrower hereby unconditionally promise to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender as provided in Section 2.08(a)(i).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Parent Borrower or the Co-Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the each Facility and Type of each Loan made thereof and the LIBOR 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 Parent Borrower or the Co-Borrower to each Lender hereunder and (iii) the any amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clause (b) and or (c) of this Section shall, to the extent permitted by applicable law, 2.07 shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Parent Borrower or the Co-Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In ; provided further, that if such accounts are inconsistent with the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6Register, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory notenote (a “Note”). In such event, the Parent Borrower and the Co-Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a form approved by the Administrative AgentAgent (at the direction of the Required Lenders) and reasonably acceptable to the Borrowers. Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes Notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 3 contracts
Samples: Credit Agreement (Canopy Growth Corp), Credit Agreement (Canopy Growth Corp), Credit Agreement (Canopy Growth Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the entire unpaid Loansprincipal amount of each Loan of such Lender made to the Borrower on the Revolving Credit Maturity Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender to the Borrower from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement, and shall provide copies of such accounts to the Borrower upon its reasonable request (at the Borrower’s sole cost and expense).
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts it will record (taken togetherin accordance with Section 9.04 (d)) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the LIBOR 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 from the Borrower or any Subsidiary Guarantor and each Lender’s share thereof, and shall provide copies of such accounts to the Borrower upon its reasonable request (at the Borrower’s sole cost and expense).
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded absent clearly demonstrable error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation obligations of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it hereunder be evidenced by a promissory noteNote. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and assigns substantially in a the form approved by of Exhibit H or in any other form reasonably acceptable to the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 3 contracts
Samples: Credit Agreement (Enexus Energy CORP), Credit Agreement (Enexus Energy CORP), Credit Agreement (Entergy Corp /De/)
Repayment of Loans; Evidence of Debt. (a) The Parent Borrower shallon behalf of the Borrowers shall repay to the Administrative Agent, for the benefit of the applicable Lenders, on the Final Maturity Date, the then-outstanding New Revolving Credit Loans made to the Borrowers. The Parent Borrower on behalf of the Borrowers shall repay to the Administrative Agent, for the account of the Swingline Lender, on the Swingline Maturity Date, the then-outstanding Swingline Loans.
(b) The Parent Borrower on behalf of the Borrowers shall repay to the Administrative Agent the then-then unpaid Loansamount of each Protective Advance on the Final Maturity Date.
(bc) [Reserved].
(d) [Reserved].
(e) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(cf) The Administrative Agent shall maintain the Register pursuant to Section 12.614.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, whether such Loan is a New Revolving Credit Loan, Protective Advance or Swingline Loan, as applicable, the Type of each Loan made made, and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender or the Swingline Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(dg) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (be) and (cf) of this Section 2.5 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the applicable Borrower to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 3 contracts
Samples: Credit Agreement (HCA Holdings, Inc.), Credit Agreement (Hca Inc/Tn), Credit Agreement (Hca Inc/Tn)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for outstanding principal balance of each Loan or Swingline Loan shall be payable (i) in the benefit case of the Lendersa Revolving Loan or Swingline Loan, on the Revolving Credit Maturity Date, repay to (ii) in the Administrative Agent case of a Tranche A Term Loan, as provided in Section 2.11(a)(i) and (iii) in the then-unpaid Loanscase of a Tranche B Term Loan, as provided in Section 2.11(a)(ii). Each Loan shall bear interest from and including the date made on the outstanding principal balance thereof as set forth in Section 2.06.
(b) Each Lender and the Swingline Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of indebtedness to such Lender or the Borrower to the appropriate lending office of such Swingline Lender resulting from the each Loan made by such lending office of such Lender or Swingline Loan, respectively, from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender or the Swingline Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) shall be recorded it will record (i) the amount of each Loan and Swingline Loan made hereunder, the Type of each Loan made and the LIBOR 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 and the Swingline Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower or any Guarantor and each Lender’s 's or the Swingline Lender's share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.04 shall, to the extent permitted by applicable law, laws be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender, the Swingline Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to and the Borrower by such Lender Swingline Loans in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevailtheir terms.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 3 contracts
Samples: Credit Agreement (Jsce Inc), Credit Agreement (Jefferson Smurfit Corp /De/), Credit Agreement (Smurfit Stone Container Corp)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Maturity Date, the then-unpaid Loans made to such Borrower, provided that each Borrower shall repay to the Administrative Agent Agent, for the then-unpaid Loansbenefit of the Lenders, the full amount of any and all Loans made to such Borrower on the Closing Date or during the 10 Business Day period after the Closing Date, no later than the date which is 10 Business Days after the Closing Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender13.7(b), in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Borrower of such Loan, the Type of each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the relevant Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the relevant Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawLaw, be prima facie evidence of the existence and amounts of the obligations of the a Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 3 contracts
Samples: Secured Revolving Credit Agreement (NXP Semiconductors N.V.), Secured Revolving Credit Agreement (NXP Semiconductors N.V.), Secured Revolving Credit Agreement (NXP Manufacturing (Thailand) Co., Ltd.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Revolving Credit Termination Date (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Revolving Credit Loans 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 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Revolving Credit Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.610.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Revolving Credit Loan made hereunderhereunder and any Note evidencing such Revolving Credit Loan, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.3(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Revolving Credit Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit F, with appropriate insertions as to such Lender date and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)principal amount.
Appears in 3 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the then unpaid Loansprincipal amount on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8.2) of each Revolving Credit Loan of such Lender, and (ii) the then unpaid principal amount on the Revolving Credit Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8.2) of each Swing Line Loan of the Swing Line Lender. The Borrower hereby further agrees to pay interest to the Administrative Agent for the account of the appropriate Lender on the unpaid principal amount of the Loans made to it from time to time outstanding from the Closing Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.610.7(c), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan to the Borrower made hereunderhereunder and any Note evidencing such Loan, the Type of such Loan and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from or for the account of the Borrower and each Lender’s share thereof. In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.5(b) and (c) of this Section shall, to the extent permitted by applicable lawLaw, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower it by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder orLender, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable of the Borrower evidencing any Revolving Credit Loans or Swing Line Loans, as the case may be, made by such Lender to the order Borrower, substantially in the forms of Exhibit C-1 or C-2, respectively, with appropriate insertions as to date and principal amount. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto.
(f) In addition to the accounts and records referred to herein above, each Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender (or, if requested by such Lender, to such Lender of participations in Letters of Credit and its registered assigns) Swing Line Loans. In the event of any conflict between the accounts and in a form approved records maintained by the Administrative Agent. ThereafterAgent and the accounts and records of any Lender in respect of such matters, the Loans evidenced by such promissory note accounts and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order records of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Administrative Agent shall control in the absence of manifest error.
Appears in 3 contracts
Samples: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventXxxxxx, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the then unpaid Loansprincipal amount of each Revolving Credit Loan and Swing Line Loan made by such Lender to the Borrower, on the Revolving Facility Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 10) and (ii) the principal amount of the Tranche B Term Loan made by such Lender to the Borrower, in installments according to the amortization schedule set forth in Section 2.3(b) (or on such earlier date on which the Loans become due and payable pursuant to Section 10). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to it from time to time outstanding from the date of such Loans until payment in full thereof at the rates per annum, and on the dates, set forth in Section 5.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender to the Borrower from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.612.6(b)(iv), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunderor continued hereunder and any Note evidencing such Loan, (ii) the Type of such Loan and each Loan made and the LIBOR Interest Period applicable thereto, (iiiii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 5.1(b) and (c) of this Section 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 provided, however, that (x) in the event of a conflict between the Register and the accounts maintained pursuant to Section 5.1(b), the Register shall govern and (y) the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Tranche B Term Loans, Revolving Credit Loans or Swing Line Loans, as the case may be, of such Lender (or, if requested by such Lender, substantially in the forms of Exhibit G-1, G-2 or G-3, respectively, with appropriate insertions as to such Lender date and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)principal amount.
Appears in 3 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 3.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.610.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the and Type of each Loan made hereunder and the LIBOR each Interest Period applicable theretofor each Eurodollar Loan, (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 from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.6(b) and (c) of this Section 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 that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute will sign and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 3 contracts
Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallBorrowers, jointly and severally, shall repay to the Administrative Agent in Dollars, for the benefit of the Lenders, on the Maturity Date, the then-unpaid Revolving Credit Loans. The Borrowers, jointly and severally, shall repay to the Administrative Agent in Dollars, for the account of the Swingline Lender, on the Swingline Maturity Date, the then-unpaid Swingline Loans. The Borrowers, jointly and severally, shall repay to the Administrative Agent for the benefit of the Lenders the then-unpaid amount of each Protective Advance on the earlier of the Maturity Date and demand by the Administrative Agent.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, whether such Loan is a Revolving Credit Loan, a Swingline Loan or a Protective Advance, the Type of each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender, the Swingline Lender or the Administrative Agent hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender Borrowers in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay (i) to the Administrative Agent for the benefit account of each Lender the Lendersthen unpaid principal amount of each Revolving Loan, Protective Advance and Overadvance to the Borrower on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent Agent, acting solely for this purpose as a non- fiduciary agent of the Borrower, shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, 9.04(b)(iv) in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Facility and Type of each Loan made thereof and the LIBOR 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 each Lender hereunder and (iii) the any amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs clause (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided, that (i) the Register shall control in the event of any conflict between the Borrower therein recorded; provided that Register entries and any such account and (ii) the failure of any Lender or the Administrative Agent to maintain such account, such Register accounts or such subaccountthe Register, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory notenote (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and reasonably acceptable to the Borrower. Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if requested by such promissory note is a registered notepayee, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Asset Based Revolving Credit Agreement (Sun Country Airlines Holdings, Inc.), Asset Based Revolving Credit Agreement (Sun Country Airlines Holdings, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Agent for the benefit account of each Lender the then unpaid principal amount of each Loan of such Lender in accordance with subsection 2.3 (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby agrees to pay interest on the unpaid principal amount of the LendersLoans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the Maturity Datedates, repay to the Administrative Agent the then-unpaid Loansset forth in subsection 2.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 9.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.4(b) and (c) of this Section shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided PROVIDED, HOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made the Agent by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"NOTE").
Appears in 2 contracts
Samples: Credit Agreement (Paxson Communications Corp), Credit Agreement (Paxson Communications Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Revolving Facility Lender the then unpaid Loansprincipal amount of each Revolving Facility Loan of such Lender to the Borrower on the Revolving Facility Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender to the Borrower as provided in Section 2.10 and (iii) to the Swingline Lenders the then unpaid principal amount of each Swingline Loan to the Borrower on the Revolving Facility Maturity Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 each Lender hereunder and (iii) the any amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence existence, currencies and amounts of the obligations of the Borrower therein recordedrecorded therein; provided provided, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Agreement and in the event that there is an inconsistency of any conflict between the entries made in the accounts maintained by a Lender pursuant to Section 2.5(b2.09(b) and the Register accounts maintained by the Administrative Agent pursuant to Section 12.62.09(c), the said Register accounts maintained pursuant to Section 2.09(c) shall prevailgovern and control absent manifest error.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans of any Class made by it be evidenced by a promissory notenote (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note Agent and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable reasonably acceptable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Affinion Group Holdings, Inc.), Credit Agreement (Affinion Group Holdings, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallagrees to repay to the Administrative Agent, for the benefit of the applicable Lenders, on the earlier of (X) the Termination Date and (Y) (i) on the Initial Maturity Date, repay the then outstanding Initial Loans, (ii) on the relevant maturity date for any Extended Class, all then outstanding Extended Loans in respect of such Extension Series and (iii, (iii) on the Maturity Date applicable to any Superpriority Incremental Facility, all then outstanding Superpriority Loans in respect thereof and (iv) on the Administrative Agent Swingline Maturity Date, the then-unpaid then outstanding Swingline Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.613.6(b)(iv), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder (whether such Loan is an Initial Loan, an Extended Loan, a Superpriority Loan or Swingline Loan, as applicable), the Type of each Loan made and the LIBOR 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 or the Swingline Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawRequirements of Law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Vine Resources Inc.), Credit Agreement (Vine Resources Inc.)
Repayment of Loans; Evidence of Debt. (a) The Parent Borrower shallon behalf of the Borrowers shall repay to the Administrative Agent, for the benefit of the Revolving Credit Lenders, on the Maturity Date, the then outstanding Revolving Credit Loans made to the Borrowers. The Parent Borrower on behalf of the Borrowers shall repay to the Administrative Agent, for the account of the Swingline Lender, on the Swingline Maturity Date, the then outstanding Swingline Loans.
(b) The Parent Borrower on behalf of the Borrowers shall repay to the Administrative Agent the then-then unpaid Loansamount of each Protective Advance on the Maturity Date.
(bc) [Reserved].
(d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(ce) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, whether such Loan is a Revolving Credit Loan, Protective Advance or Swingline Loan, as applicable, the Type of each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender or the Swingline Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof.
(df) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (bd) and (ce) of this Section 2.5 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the applicable Borrower to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Abl Credit Agreement (Dollar General Corp), Abl Credit Agreement (Dollar General Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Termination Date (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 6). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 subsection 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 8.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.5(b) and (c) of this Section 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 : provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A-1 with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Revolving Credit Note").
Appears in 2 contracts
Samples: Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Virginia Electric & Power Co)
Repayment of Loans; Evidence of Debt. (a) The In accordance with Section 3.1, all Loans outstanding on the Initial Maturity Date shall be automatically extended to Extended Term Loans, and thereafter the Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Extended Maturity Date, repay to the Administrative Agent the then-unpaid Extended Term Loans, in Dollars.
(b) [Intentionally Omitted.]
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(cd) The Administrative Agent shall maintain the Register pursuant to Section 12.614.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR 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 from the Borrower and each Lender’s share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bd) and (ce) of this Section 2.5 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Senior Unsecured Bridge Loan Credit Agreement (Intelsat LTD), Senior Unsecured Pik Election Bridge Loan Credit Agreement (Intelsat LTD)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Term Loan Maturity Date, repay to the Administrative Agent the then-unpaid outstanding Loans, in Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR Period Interest Period, if any, applicable thereto, (ii) the amount of any principal (including any PIK Interest Amounts) 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 from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Senior Unsecured Interim Loan Agreement (First Data Corp), Senior Unsecured Interim Loan Agreement (First Data Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay Company hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Credit Loan and Swing Line Loan of such Lender on the Revolving Credit Termination Date (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Article X). The Company hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 5.7.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Company to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Amended Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.612.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 5.2(b) and (c) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Amended Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent in Dollars, for the benefit of the Initial Lenders, on the Initial Loan Maturity Date, repay to the Administrative Agent the then-unpaid Initial Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(c), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, hereunder and the Type and Class of each Loan made and the LIBOR 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 or the Administrative Agent hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawlaw and absent manifest error, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be Upon the request of any Lender made by through the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventAgent, the Borrower shall prepare, execute and deliver to such Lender a promissory note of the Borrower payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in the form of Exhibit C hereto (or otherwise in a form approved by the Administrative Agent. Thereafter), the which shall evidence such Lender’s Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable addition to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)records contemplated by this Section 2.5.
Appears in 2 contracts
Samples: Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (WABASH NATIONAL Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof to but not including the date the Loans are paid in full at the rates per annum, and on the dates, set forth in subsection 4.1.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 11.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.3(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one "Revolving Credit Note" or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Note").
Appears in 2 contracts
Samples: Credit Agreement (Meridian Resource Corp), Credit Agreement (Meridian Resource Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallhereby promises to pay to the Administrative Agent, for the benefit of the applicable Lenders, on the Maturity Date, repay to the Administrative Agent the then-unpaid then outstanding principal amount of all Loans. The repayment of Swingline Loans shall be governed by Section 2.1(b).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan and each Swingline Loan made hereunder, the Type of each Loan made and the LIBOR 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 or the Swingline Lenders hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawRequirements of Law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory notenote substantially in the form of Exhibit I hereto. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.613.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Chesapeake Energy Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Maturity Date, repay to the Administrative Agent the then-unpaid outstanding Loans, in Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.613.6(b)(iv) hereof, and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR Period 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 each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawRequirements of Law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Second Lien Loan Agreement (SunOpta Inc.), Second Lien Loan Agreement (SunOpta Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the last day of the Commitment Period.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.610.6(c), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the and Type of each Loan made hereunder and the LIBOR each Interest Period applicable theretofor each Term SOFR Loan and Alternative Currency Term Rate Loan, (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 from the Borrower and each LenderXxxxxx’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.6(b) and (c) of this Section shall, to the extent permitted by applicable lawApplicable Law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Notwithstanding anything to the event that there is an inconsistency between contrary in this Section 2.6, the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by Borrower, the Administrative Agent and each Lender shall treat each Person whose name is recorded in the Register as a Lender hereunder for all purposes of this Agreement pursuant to the terms of Section 12.6, the said Register shall prevail10.6(c).
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventXxxxxx, the Borrower shall prepare, execute will sign and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 2 contracts
Samples: Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, promises to repay to the Administrative Agent for the then-ratable account of the Lenders the aggregate unpaid Loansprincipal amount of the Loans (including any Letter of Credit Borrowings) and the Swing Loans on the Revolving Credit Termination Date or earlier, if otherwise required by the terms hereof.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Commitment and Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, 2.07 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In ; and provided, further, that in the event that there is an of any inconsistency between the accounts maintained by a any Lender pursuant to paragraph (b) of this Section 2.5(b) 2.07 and the Register accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section 12.62.07, the said Register accounts maintained by the Administrative Agent shall prevailcontrol in the absence of manifest error.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.06) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)form.
Appears in 2 contracts
Samples: Abl Credit Agreement (Mattress Firm Group Inc.), Abl Credit Agreement (Mattress Firm Group Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for shall repay the benefit principal of the Lenders, Loans on each Payment Date in an aggregate amount for each such day equal to 2.5% of the aggregate principal amount of the Loans made on the Funding Date (as such amount may be adjusted pursuant to this paragraph (a) and Section 2.08). The remaining unpaid principal amount of the Loans will be payable on the Maturity Date, repay . The Borrower will pay the principal amount of each Loan made to the Administrative Agent Borrower and the then-unpaid Loansaccrued interest on such Loan in US Dollars. Prepayments of Loans pursuant to Section 2.08(a) will be applied to reduce the principal payments due on subsequent Payment Dates in accordance with the amounts of such payments and in the order specified in the applicable notice of prepayment; provided that if the Borrower fails to make any such specification, any optional prepayments made pursuant to Section 2.08 shall be applied pro rata to all then remaining payments under this Section 2.07(a).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Type of each such Loan made and and, in the case of any LIBOR Loan, 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 from for the Borrower account of the Lenders or any of them and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedObligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it to the Borrower be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by reasonably acceptable to the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, or to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Amerisourcebergen Corp), Term Loan Credit Agreement (Amerisourcebergen Corp)
Repayment of Loans; Evidence of Debt. (a) The Revolving Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the date 30 days after such Swingline Loan is made or such other date agreed to between the Revolving Borrower and the Swingline Lender.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Revolving Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class, currency and Type of each Loan made thereof and the LIBOR 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 Revolving Borrower to each Lender hereunder and (iii) the any amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Revolving Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Agreement and, provided further that in the event that there is an inconsistency of any conflict between the entries made in the accounts maintained by a Lender pursuant to paragraph (b) or (c) of this Section and the entries in the Register maintained pursuant to Section 2.5(b) and 9.04(b)(iv), the entries in the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Revolving Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) assigns and in a the form of Exhibit B hereto or such other form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)form.
Appears in 2 contracts
Samples: Revolving Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (PERRIGO Co PLC)
Repayment of Loans; Evidence of Debt. (a) The Borrower shalloutstanding principal of all Revolving Loans shall be due and payable by the Borrowers on the Final Maturity Date or, for the benefit of the Lendersif earlier, on the Maturity Date, repay date on which they are declared due and payable pursuant to the Administrative Agent the then-unpaid Loansterms of this Agreement.
(b) [Reserved].
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record
(i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bSection 2.03(c) and (cor Section 2.03(d) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided that (i) the failure of any Lender or the 57 Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Agreement and (ii) in the event that there is an inconsistency of any conflict between the entries made in the accounts maintained by a Lender pursuant to Section 2.5(b2.03(c) and the Register accounts maintained by the Administrative Agent pursuant to Section 12.62.03(d), the said Register accounts maintained pursuant to Section 2.03(d) shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment govern and Assumption of such Lendercontrol.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved furnished by the Collateral Agent and reasonably acceptable to the Administrative AgentBorrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.612.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Financing Agreement (Alj Regional Holdings Inc), Financing Agreement (Alj Regional Holdings Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Initial Term Loan Lenders, on the Initial Term Loan Maturity Date, repay to the Administrative Agent the then-unpaid then outstanding Initial Term Loans.
(b) [Reserved].
(c) In the event that any New Term Loans are made, such New Term Loans shall, subject to Section 2.14(d), be repaid by the Borrower in the amounts and on the date set forth in the applicable Joinder Agreement and subject to any adjustment to ensure fungibility with the other Term Loans. In the event that any Extended Term Loans are established, such Extended Term Loans shall, subject to Section 2.14(g), be repaid by the Borrower in the amounts and on the dates set forth in the applicable Extension Amendment.
(d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(ce) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, whether such Loan is an Initial Term Loan or New Term Loan, Loan, the Type of each Loan made made, the names of the Borrower and the LIBOR Period 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 each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof.
(df) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (bd) and (ce) of this Section 2.5 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 provided, however, that, in the event of any inconsistency between the Register and any such account or subaccount, the Register shall govern; provided, further, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(eg) All payments to be made by the Administrative Agent to The Borrower hereby agrees that, upon request of any Lender hereunder shall be at any time and from time to time after the Borrower has made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventinitial borrowing hereunder, the Borrower shall prepare, execute and deliver provide to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, at the Borrower’s own expense, a promissory note, substantially in the form of Exhibit G, evidencing the Initial Term Loans and/or New Term Loans owing to such Lender and its registered assigns) and in a form approved Lender. Thereafter, unless otherwise agreed to by the Administrative Agent. Thereafterapplicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.613.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered notepayee, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Second Lien Credit Agreement (BrightSpring Health Services, Inc.), Second Lien Credit Agreement (BrightSpring Health Services, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Term Loan Maturity Date, repay to the Administrative Agent the then-unpaid outstanding Loans, in Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Class and Type of each Loan made and the LIBOR Period Interest Period, if any, applicable thereto, (ii) the amount of any principal (including any PIK Interest Amounts) 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 from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawApplicable Laws, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Senior Unsecured Interim Loan Agreement (Energy Future Holdings Corp /TX/), Senior Unsecured Interim Loan Agreement (Energy Future Holdings Corp /TX/)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 2 contracts
Samples: Credit Agreement (Edison International), Credit Agreement (Southern California Edison Co)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Administrative Agent for the benefit account of each applicable Lender the Lenders, then unpaid principal amount of each Loan made to the Borrower on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender by the Borrower from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Type thereof and, in the case of each Loan made and Eurocurrency Loans, the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, 2.09 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that (i) the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Agreement and (ii) in the event that there is an of any inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.62.09(c) and any Lender’s records pursuant to Section 2.09(b), the said Register accounts maintained by the Administrative Agent pursuant to Section 2.09(c) shall prevailgovern and control.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that the Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Tupperware Brands Corp), Term Loan Credit Agreement (Tupperware Brands Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Revolving Credit Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 subsection 3.5.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 10.6(b)(iv), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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 the Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each the Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 3.13(b) and (c) of this Section 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 that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender or to repay any other obligations in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder orLender, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to evidencing the order Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.), Revolving Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender to the Borrower on the Termination Date, in U.S. Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office Lending Office of such Lender resulting from the Loan made by such lending office Lending Office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office Lending Office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, acting for this purpose as a non-fiduciary agent of the Borrower, shall maintain the Register pursuant to Section 12.69.06(b)(iv), and a sub-account subaccount for each Lender, in which the Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan the Loans made hereunder, the Type of each Loan made and the LIBOR 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 from the Borrower and each LenderXxxxxx’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.05 shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower therein recorded; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans Loan made to the Borrower by such Lender in accordance with the terms of this Agreement. In ; provided, further, that in the event that there is an inconsistency of any conflict between the accounts maintained by a Lender pursuant to Section 2.5(b) any Xxxxxx and those maintained by the Register Administrative Agent, the accounts maintained by the Administrative Agent pursuant to Section 12.6shall control, the said Register shall prevailabsent manifest error.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory noteNote. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a the form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one attached hereto as Exhibit B or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, otherwise reasonably acceptable to such payee and its registered assigns)Lender.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Virgin Orbit Holdings, Inc.), Term Loan Credit Agreement (Virgin Orbit Holdings, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Each Tranche 2/3 Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby severally and unconditionally promises to pay to the Administrative Agent for the then-account of each Lender with any Loans outstanding to such Tranche 2/3 Borrower the then unpaid Loansprincipal amount of all such Loans on the Commitment Expiration Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Tranche 2/3 Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Tranche and Type of each Loan made thereof and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Tranche 2/3 Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each such Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the any Tranche 2/3 Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Tranche 2 Lender may request that Tranche 2 Loans made by it be evidenced by a promissory note. In such event, the relevant Tranche 2/3 Borrower shall prepare, execute and deliver to such Tranche 2 Lender a promissory note payable to the order of such Tranche 2 Lender (or, if requested by such Tranche 2 Lender, to such Tranche 2 Lender and its registered assigns) substantially in the form of Exhibit B-1 with blanks appropriately completed in conformity herewith (each, a “Tranche 2 Note” and in a form approved by collectively, the Administrative Agent“Tranche 2 Notes”). Thereafter, the Tranche 2 Loans evidenced by such promissory note Tranche 2 Note and interest thereon shall at all times (including after assignment pursuant to Section 12.610.04) be represented by one or more promissory notes in such form Tranche 2 Notes payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
(f) Any Tranche 3 Lender may request that Tranche 3 Loans made by it be evidenced by a promissory note. In such event, the relevant Tranche 2/3 Borrower shall prepare, execute and deliver to such Tranche 3 Lender a promissory note payable to the order of such Tranche 3 Lender (or, if requested by such Tranche 3 Lender, to such Tranche 3 Lender and its registered assigns) substantially in the form of Exhibit B-2 with blanks appropriately completed in conformity herewith (each, a “Tranche 3 Note” and collectively, the “Tranche 3 Notes”). Thereafter, the Tranche 3 Loans evidenced by such Tranche 3 Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more Tranche 3 Notes payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, Borrowers hereby unconditionally promise to pay (i) to the Administrative Agent for the benefit account of each Lender the Lenders, then unpaid principal amount of each Revolving Loan on the Maturity Date, repay Date and (ii) to the Administrative Agent the then-then unpaid Loansamount of each Protective Advance on the earlier of the Maturity Date and the thirtieth Business Day after such Protective Advance is made.
(b) At all times that cash dominion is in effect pursuant to Section 6.01(b) of the Guarantee and Collateral Agreement, on each Business Day, the Administrative Agent shall apply all funds credited to the Collection Account the previous Business Day (whether or not immediately available) first to prepay any Protective Advances that may be outstanding, second to prepay the Loans (including Swingline Loans) until paid in full, and third to cash collateralize outstanding LC Exposure and Floorplan Advances.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Type of each Loan made and thereof and, if applicable, the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and paragraph (c) or (d) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it hereunder be evidenced by a promissory notenote in substantially the form of Exhibit G with appropriate insertions and deletions (each a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note Note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Revolving Loan Credit Agreement (ConvergeOne Holdings, Inc.), Revolving Loan Credit Agreement (Forum Merger Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender to the Borrower on the Maturity Date applicable thereto, in U.S. Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office Lending Office of such Lender resulting from the Loan made by such lending office Lending Office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office Lending Office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, acting for this purpose as a non-fiduciary agent of the Borrower, shall maintain the Register pursuant to Section 12.69.06(b)(iv), and a sub-account subaccount for each Lender, in which the Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan the Loans made hereunder, the Type of each Loan made hereunder and the LIBOR Period Interest Period(s) applicable thereto, (ii) the amount of any principal or interest or Commitment Fee 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 from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.05 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans Loan made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory noteNote. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a the form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Consent and Exchange Agreement (EP Energy LLC), Term Loan Agreement (MBOW Four Star, L.L.C.)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby jointly and severally unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Revolving Facility Lender the then unpaid Loansprincipal amount of each Revolving Facility Loan on the Revolving Facility Maturity Date applicable to such Revolving Facility Loans and (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Facility Class, Type of each Loan made and currency thereof, and the LIBOR 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 Borrowers to each Lender hereunder and (iii) the any amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory notenote (a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and reasonably acceptable to the Dutch Borrower. Thereafter, unless otherwise agreed to by the applicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: First Lien Credit Agreement (Amaya Inc.), First Lien Credit Agreement (Amaya Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedconclusive absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender pay any amounts due hereunder in accordance with the terms of this Agreement. In the event that there is an of any inconsistency between the accounts maintained by a Lender entries made pursuant to Section 2.5(bparagraphs (b) and (c) of this Section, the Register accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section 12.6, the said Register shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that The Term Loans made by it each Term Lender shall, at the request of such Term Lender, be evidenced by a single promissory note. In such event, note of the Borrower shall preparein substantially the form of Exhibit E-2, execute dated as of (i) the Closing Date, (ii) the date such Term Loan was made or (iii) the effective date of an Assignment and deliver Assumption pursuant to Section 9.04(b), payable to such Term Lender and otherwise duly completed. The Revolving Loans made by each Revolving Lender shall, at the request of such Revolving Lender, be evidenced by a single promissory note of the Borrower in substantially the form of Exhibit E-1, dated (i) the Closing Date, (ii) the date of effectiveness of any Additional Credit Extension Amendment pursuant to which the Revolving Commitment was made or (iii) the effective date of an Assignment and Assumption pursuant to Section 9.04(b), payable to such Revolving Lender in a principal amount as originally in effect and otherwise duly completed . The date, amount, Type, interest rate and Interest Period of each Loan made by each Lender, and all payments made on account of the order of principal thereof, shall be recorded by such Lender (oron its books for its Notes, if requested and, prior to any transfer may be endorsed by such Lender on the schedule attached to such Notes or any continuation thereof or on any separate record maintained by such Lender, . Failure to make any such notation or to attach a schedule shall not affect any Lender’s or the Borrower’s rights or obligations in respect of such Loans or affect the validity of such transfer by any Lender and of its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Note.
Appears in 2 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender, the then unpaid Loansprincipal amount of each RC Facility Loan of such Lender on the RC Facility Maturity Date, (ii) to the Swingline Lender the then unpaid principal amount of any Swingline Loan on the earlier of (x) the date that is ten Business Days after such Swingline Loan is made and (y) the RC Facility Maturity Date and (iii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clause (b) and or (c) of this Section shall, to the extent permitted by applicable law, 2.09 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender pay any amounts due hereunder in accordance with the terms of this Agreement. In the event that there is an of any inconsistency between the accounts maintained by a Lender entries made pursuant to Section 2.5(bclauses (b) and (c) of this Section 2.09, the Register accounts maintained by the Administrative Agent pursuant to clause (c) of this Section 12.6, the said Register 2.09 shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note note, substantially in the form of Exhibit N, payable to the order of such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) assigns and in a form provided by the Administrative Agent and approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Borrower.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Clarios International Inc.), First Lien Credit Agreement (Clarios International Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Revolving Lender the then unpaid Loansprincipal amount of each Revolving Loan made by such Revolving Lender to the Borrower on the Revolving Maturity Date, (ii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan made by such Term Lender to the Borrower on the Term Maturity Date and (iii) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of each Term Loan made by such Term Lender to the Borrower as provided in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under hereunder. The records maintained by the Administrative Agent and the Lenders shall be prima facie evidence of the existence and amounts of the obligations of the Borrower in respect of Loans made to the Borrower, LC Disbursements, interest and fees due or accrued, in each case, with respect to the Borrower hereunder; provided that the failure of the Administrative Agent or any Lender to maintain such records or any error therein shall not in any manner affect the obligation of the Borrower to pay any amounts due hereunder in accordance with the terms of this Agreement. In the event of any inconsistency between the entries made pursuant to paragraphs (b) and (c) of this Section 2.09, the accounts maintained by the Administrative Agent maintained pursuant to paragraph (c) of this Section 2.09 shall control.
(c) The Administrative Agent shall maintain shall, in connection with maintenance of the Register pursuant to in accordance with Section 12.6, and a sub-account for each Lender, 9.04(b)(iv) maintain accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal principal, premium, interest or interest fees 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 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 that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, the Borrower of such Loans shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Arconic Inc.), Credit Agreement (Arconic Rolled Products Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby ------------------------------------ unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 subsection 2.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 10.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Revolving Credit Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.5(b) and (c) of this Section 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 provided, however, that the -------- ------- failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Conectiv Inc), Credit Agreement (Conectiv Inc)
Repayment of Loans; Evidence of Debt. (a) The ------------------------------------- Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan of such Lender on the Revolving Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.08 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (i) the Revolving Maturity Date and (ii) the first Business Day after the Swingline Lender demands repayment of such Swingline Loan (or such other date as may be fixed by agreement between the Borrower and the Swingline Lender).
(b) In the event and on such occasion that the sum of the Revolving Exposures exceeds the total Revolving Commitments, the Borrower shall prepay Revolving Borrowings (or, if no such Borrowings are outstanding, deposit cash collateral in an account with the Agent pursuant to Section 2.18(j)) in an aggregate amount equal to such excess.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s 's share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and paragraph (c) or (d) of this Section shall, to the extent permitted by applicable law, be prima facie ----- ----- evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain -------- such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative AgentAgent and the Borrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Triton PCS Inc), Credit Agreement (Triton PCS Holdings Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.09.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s 's share thereof; provided that so long as any Xxxxxxx Term Loans, WOW Term Loans or Southwest Term Loans remain outstanding, the Administrative Agent shall maintain accounts in which it will separately reflect in respect of the Xxxxxxx Term Loans, the WOW Term Loans and the Southwest Term Loans from time to time outstanding the information set forth in clauses (i), (ii) and (iii) above.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments It is the intention of the parties hereto that no promissory notes be issued to be made by the Administrative Agent to evidence Loans hereunder; provided, however, that any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a four promissory note notes, reflecting such Lender's Xxxxxxx Term Loans, WOW Term Loans, Southwest Term Loans and Term Loans other than Xxxxxxx Term Loans, WOW Term Loans and Southwest Term Loans, in each payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by each such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Alamosa Properties Lp), Credit Agreement (Alamosa Properties Lp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay (i) to the Administrative Agent for the benefit account of each Lender the then unpaid principal amount of the LendersRevolving Loan of each Lender on the Termination Date (subject to the provisions of Section 2.04), (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of the Term Loan of such Lender on the Maturity Date, repay and (iii) to the Administrative Agent for the then-account of each Lender with an outstanding Competitive Loan the then unpaid Loansprincipal amount of such Competitive Loan on the last day of the Interest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that If there is an inconsistency between a conflict in entries made in the accounts maintained by a Lender pursuant to Section 2.5(bparagraph (b) and or (c) of this Section, the Register entries made in the accounts maintained by the Administrative Agent pursuant to Section 12.6, shall be such prima facie evidence of the said Register shall prevailexistence and amounts of the obligations.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: 364 Day Credit Agreement (McGraw-Hill Companies Inc), 364 Day Credit Agreement (McGraw-Hill Companies Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallagrees to repay to the Administrative Agent, for the benefit of the applicable Lenders, on the earlier of (X) the Termination Date and (Y) (i) on the Initial Maturity Date, repay to the Administrative Agent then outstanding Initial Loans, (ii) on the then-unpaid relevant maturity date for any Extended Class, all then outstanding Extended Loans in respect of such Extension Series, and (iii) on the Swingline Maturity Date, the then outstanding Swingline Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, acting solely for this purpose as a non-fiduciary agent of the Borrower, shall maintain the Register pursuant to Section 12.613.6(b)(iv), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder (whether such Loan is an Initial Loan, an Extended Loan, or Swingline Loan, as applicable), the Type of each Loan made and the LIBOR 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 or the Swingline Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable lawRequirements of Law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Vine Energy Inc.), Credit Agreement (Vine Energy Inc.)
Repayment of Loans; Evidence of Debt. (a) [Reserved].
(b) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, Initial Term Loan Lenders on the Initial Term Loan Maturity Date, repay to any remaining outstanding amount of Initial Term Loans (the Administrative Agent the then-unpaid Loans“Initial Term Loan Repayment Amount”).
(bc) In the event that any New Term Loans are made, such New Term Loans shall, subject to Section 2.14(d), be repaid by the Borrower in the amounts (each, a “New Term Loan Repayment Amount”) and on the dates set forth in the applicable Joinder Agreement. In the event that any Extended Term Loans are established, such Extended Term Loans shall, subject to Section 2.14(g), be repaid by the Borrower in the amounts (each, an “Extended Term Loan Repayment Amount”) and on the dates set forth in the applicable Extension Amendment.
(d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(ce) The Administrative Agent shall maintain the Register pursuant to Section 12.613.6(b), and a sub-account subaccount for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, whether such Loan is an Initial Term Loan, New Term Loan or Extended Term Loan, the Type of each Loan made, the currency in which made and the LIBOR Period 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 each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(df) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (bd) and (ce) of this Section 2.5 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 that, in the event of any inconsistency between the Register and any such account or subaccount, the Register shall govern; provided, further, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(eg) All payments to be made by the Administrative Agent to The Borrower hereby agrees that, upon request of any Lender hereunder shall be at any time and from time to time after the Borrower has made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventinitial borrowing hereunder, the Borrower shall prepare, execute and deliver provide to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, at the Borrower’s own expense a promissory note, substantially in the form of Exhibit G, evidencing the Initial Term Loans and New Term Loans owing to such Lender and its registered assigns) and in a form approved Lender. Thereafter, unless otherwise agreed to by the Administrative Agent. Thereafterapplicable Lender, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.613.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if requested by such promissory note is a registered notepayee, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Focus Financial Partners Inc.), Second Lien Credit Agreement (Focus Financial Partners Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender, the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.613.6(e), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR Period applicable theretoany 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 each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.3(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to Note of the order Borrower evidencing any Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit E, with appropriate insertions as to such Lender date and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)principal amount.
Appears in 1 contract
Samples: Revolving Credit and Guarantee Agreement (Grand Union Co /De/)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay (i) to the Administrative Agent for the benefit account of each Lender the then unpaid principal amount of each applicable Loan on the earlier of the Lenders, Maturity Date and the applicable date of termination of the Commitments and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earliest of the Maturity Date, the date of termination of the Commitments and thirty (30) days after such Swingline Loan is made; provided that on each date that a Borrowing of a Loan is made pursuant to Section 2.01, the Borrower shall repay to the Administrative Agent the then-unpaid Loansall Swingline Loans then outstanding.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the hereunder and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency of any conflict between the accounts and records maintained by a any Lender pursuant to Section 2.5(bin clause (b) and the Register maintained by accounts and records of the Administrative Agent pursuant to Section 12.6in respect of such matters, the said Register and the corresponding accounts and records of the Administrative Agent shall prevailcontrol in the absence of manifest error.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or on such earlier date on which the Loans become due and payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 2.11. The Borrower agrees that, if an Event of Default shall have occurred and is continuing, the Administrative Agent may (and the Administrative Agent hereby agrees that it shall) (i) cause each bank that maintains any account subject to a Control Agreement or a Lockbox Agreement to transfer, on a daily basis, all collected funds in any such account to a Concentration Account and (ii) apply any amounts on deposit in a Concentration Account to repay Loans whenever any Loans are outstanding.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.610.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of such Loan and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will promptly execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit F (a "Note"), with appropriate insertions as to such Lender date and its registered assigns) and in principal amount; provided, that delivery of Notes shall not be a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable condition precedent to the order occurrence of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Closing Date or the making of the extensions of credit on the Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, Borrowers hereby unconditionally promise to pay (i) to the Administrative Agent for the benefit account of each Revolving Lender the Lenders, then unpaid principal amount of each Revolving Loan on the Maturity Date, repay (ii) to the Administrative Agent the then-then unpaid Loansamount of each Protective Advance on the earlier of the Maturity Date and demand by the Administrative Agent, and (iii) to the Administrative Agent the then unpaid principal amount of each Overadvance on the earlier of the Maturity Date and demand by the Administrative Agent.
(b) At all times that full cash dominion is in effect pursuant to Section 7.3 of the Security Agreement, on each Business Day, the Administrative Agent shall apply all funds credited to the Collection Account on such Business Day or the immediately preceding Business Day (at the discretion of the Administrative Agent, whether or not immediately available), first to prepay any Protective Advances and Overadvances that may be outstanding, pro rata, and second to prepay the Revolving Loans (including Swingline Loans) and to cash collateralize outstanding LC Exposure. Notwithstanding the foregoing, to the extent any funds credited to the Collection Account constitute Net Proceeds, the application of such Net Proceeds shall be subject to Section 2.11(c).
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and clause (c) or (d) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)form.
Appears in 1 contract
Samples: Credit Agreement (Nautilus, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, for the benefit of the Lenders, on the Revolving Credit Maturity Date, (i) repay to the Administrative Agent the then-unpaid LoansRevolving Credit Loans made to such Borrower and (ii) retire all other then-outstanding Revolving Credit Exposure of such Borrower, other than Letters of Credit that expire following the Revolving Credit Maturity Date for which such Borrower provides or has provided cash collateral in an amount equal to the Stated Amount of such Letter of Credit.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the each Borrower to the appropriate lending office of such Lender resulting from the each Revolving Credit Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Revolving Credit Loan made hereunder, the Type of each Revolving Credit Loan made and the LIBOR Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the relevant Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the relevant Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bc) and (cd) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the such Borrower to repay (with applicable interest) the Revolving Credit Loans made to the Borrower it by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).to
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Agent for the benefit account of each Lender the then unpaid principal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the LendersLoans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the Maturity Datedates, repay to the Administrative Agent the then-unpaid Loansset forth in subsection 2.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 9.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made the Agent by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Note").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9), the then unpaid Loansprincipal amount of each Loan made by such Lender to such Borrower. Each Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans made to such Borrower from time to time outstanding from the Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in subsection 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender to such Borrower from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of Lender by such Lender Borrower from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 11.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, (ii) the Type Class of each such Loan made and and, in the LIBOR case of each Eurocurrency Loan, each Interest Period applicable thereto, (iiiii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder under the applicable Loans and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from each Borrower in respect of the Borrower applicable Loans made to such Borrower, and the amount of each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.3(b) and (c) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the applicable Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the applicable Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Multi Currency Credit Agreement (Harman International Industries Inc /De/)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay Borrowers hereby ------------------------------------ unconditionally promise to pay to the Administrative Agent for the then-account of each Lender (i) the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Termination Date, (ii) the then unpaid principal amount of the Term Loans of such Lender on the Termination Date and (iii) the then unpaid principal amount of the Swing Line Loans of the Swing Line Lender on the Termination Date. The Borrowers hereby further agree to pay interest on the unpaid principal amount of the Loans 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 subsection 3.5.
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(cb) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 9.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Revolving Credit Loan and Term Loan made hereunder, the Type of thereof and each Loan made and the LIBOR Interest Period applicable thereto, (ii) the applicable Borrower, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iiiiv) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof.
(dc) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 3.13(b) and (c) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the ----- ----- obligations of the Borrower Borrowers therein recorded; provided that the failure of any -------- Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender or to repay any other obligations in accordance with the terms of this Agreement. In .
(d) Each Borrower agrees that, upon the event that there is an inconsistency between the accounts maintained by a Lender pursuant request to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6by any Lender, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender (i) a promissory note payable to the order of such Lender (or, if requested by Borrower evidencing the Revolving Credit Loans of such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (a "Revolving Credit Note"), and/or (ii) a promissory --------------------- note of such Lender Borrower evidencing the Term Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and its registered assignsprincipal amount (a "Term Loan Note"), and/or (iii) and in the case of the Swing Line Lender, -------------- a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein Company evidencing the Swing Line Loans of the Swing Line Lender, substantially in the form of Exhibit C with appropriate insertions as to date and principal amount (or, if such promissory note is a registered note, to such payee and its registered assignsthe "Swing Line Note").. ---------------
Appears in 1 contract
Samples: Credit Agreement (Sailors Inc)
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay unconditionally promises to pay to the Administrative Agent for the then-unpaid Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower appropriate Lender or to the appropriate lending office relevant Issuing Lender, as applicable, the then unpaid principal amount of such Lender resulting from each of its Acquisition Facility Loans and each of its Working Capital Facility Loans on the Loan made by such lending office Maturity Date therefor. Each Borrower hereby further agrees to pay interest on the unpaid principal amount of such Lender from time to time, including the amounts its Loans and currency of principal and interest payable and paid to such lending office of such Lender Reimbursement Obligations from time to time under this Agreementoutstanding from the Restatement Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 4.2.
(c) The Administrative Agent Agent, on behalf of the Borrowers, shall maintain the Register pursuant to required by Section 12.611.7(d), and shall include a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunderand a copy of the Note, if any, evidencing such Loan, the Type of thereof and each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest or fee due and payable or to become due and payable from the any Borrower to each Lender hereunder and hereunder, (iii) the amount of such Lender’s share of any Unreimbursed Amount and (iv) both the amount of any sum received by the Administrative Agent hereunder from the any Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts the records of each Lender maintained pursuant to paragraphs (bSection 4.5(b) and (c) of this Section shall, to the extent permitted by applicable lawLaw, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recordedrecorded (absent manifest error); provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the any Borrower to repay (with applicable interest) the Loans and other extensions of credit hereunder made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments Each Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of Lender, such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to evidencing the order Dollar Working Capital Facility Committed Tranche Loans, the Dollar Working Capital Facility Uncommitted Tranche Loans, the Multicurrency Working Capital Facility Loans, the Dollar Committed Tranche Swing Line Loans, the Dollar Uncommitted Tranche Swing Line Loans, the Multicurrency Swing Line Loans or the Acquisition Facility Loans, as applicable, of such Lender (or, if requested by such Lender, substantially in the form of Exhibit X-0, X-0, X-0, X-0, X-0, X-0 or A-7 as applicable, with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (individually, a form approved by the Administrative Agent. Thereafter“Note” and, collectively, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Notes”).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeXxxxxx, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each LenderXxxxxx’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedconclusive absent manifest error; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender pay any amounts due hereunder in accordance with the terms of this Agreement. In the event that there is an of any inconsistency between the accounts maintained by a Lender entries made pursuant to Section 2.5(bparagraphs (b) and (c) of this Section, the Register accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section 12.6, the said Register shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that The Term Loans made by it each Term Lender shall, at the request of such Term Lender, be evidenced by a single promissory note. In such event, note of the Borrower shall preparein substantially the form of Exhibit E-2, execute dated as of (i) the Closing Date, (ii) the date such Term Loan was made or (iii) the effective date of an Assignment and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment Assumption pursuant to Section 12.6) be represented by one or more promissory notes in such form 9.04(b), payable to such Term Lender and otherwise duly completed. The Revolving Loans made by each Revolving Lender shall, at the order request of such Revolving Lender, be evidenced by a single promissory note of the payee named therein Borrower in substantially the form of Exhibit E-1, dated (ori) the Closing Date, if such promissory note is a registered note(ii) the date of effectiveness of any Additional Credit Extension Amendment pursuant to which the Revolving Commitment was made or (iii) the effective date of an Assignment and Assumption pursuant to Section 9.04(b), payable to such payee Revolving Lender in a principal amount as originally in effect and otherwise duly completed . The date, amount, Type, interest rate and Interest Period of each Loan made by each Lender, and all payments made on account of the principal thereof, shall be recorded by such Lender on its registered assigns).books for its Notes, and, prior to any
Appears in 1 contract
Samples: Credit Agreement (Virtus Investment Partners, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to Agent for the benefit account of the Lenders, appropriate Lender the entire principal amount of each Loan of such Lender on the Maturity DateDate or on such earlier date on which the Loans become due and payable pursuant to Section 2.6 or 2.7 or Article VII. Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, repay to and on the Administrative Agent the then-unpaid Loansdates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of Borrower, shall maintain the Register pursuant to Section 12.69.7(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR Period applicable theretoany 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 each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.4 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans Loan made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments Borrower agrees that, upon the request to be made Agent by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder orLender, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will promptly execute and deliver to such Lender a promissory note payable of Borrower evidencing such Lender’s Loan, substantially in the form of Exhibit G (a “Note”), with appropriate insertions as to date and principal amount; provided that delivery of Notes shall not be a condition precedent to the order occurrence of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, Closing Date or the making of the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to on the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Funding Date.
Appears in 1 contract
Samples: Credit Agreement (Trans Energy Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for ------------------------------------- outstanding principal balance of each Loan or Swingline Loan shall be payable (i) in the benefit case of the Lendersa Revolving Loan or Swingline Loan, on the Revolving Credit Maturity Date, repay to (ii) in the Administrative Agent case of a Tranche A Term Loan, as provided in Section 2.11(a)(i) and (iii) in the then-unpaid Loanscase of a Tranche B Term Loan, as provided in Section 2.11(a)(ii). Each Loan shall bear interest from and including the date made on the outstanding principal balance thereof as set forth in Section 2.06.
(b) Each Lender and the Swingline Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of indebtedness to such Lender or the Borrower to the appropriate lending office of such Swingline Lender resulting from the each Loan made by such lending office of such Lender or Swingline Loan, respectively, from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender or the Swingline Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) shall be recorded it will record (i) the amount of each Loan and Swingline Loan made hereunder, the Type of each Loan made and the LIBOR 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 and the Swingline Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower or any Guarantor and each Lender’s 's or the Swingline Lender's share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 2.04 shall, to the extent permitted by applicable lawlaws, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender, the Swingline Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to and the Borrower by such Lender Swingline Loans in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevailtheir terms.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Revolving Credit Maturity Date, (i) repay to the Administrative Agent the then-unpaid Revolving Credit Loans, and (ii) retire all other then-outstanding Revolving Credit Exposure, other than Letters of Credit that expire following the Revolving Credit Maturity Date for which the Borrower provides or has provided Cash Collateral in an amount equal to the Stated Amount of such Letter of Credit.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR 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 from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (b) and (c) of this Section 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 that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Revolving Credit Loans made to the Borrower it by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption Acceptance of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the principal amount of each Term Loan (other than PIK Term Loans) of such Lender in installments according to the applicable amortization schedule set forth in Section 2.3 and (ii) the principal amount of each PIK Term Loan of such Lender as set forth in Section 2.3(c) (or, in each case, such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid Loansprincipal amount of the Loans 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 2.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.6(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Term Loans or Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the forms of Exhibit F-1 or F-2, respectively, with appropriate insertions as to such Lender date and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)principal amount.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Closing Date to but not including the date the Loans are paid in full at the rates per annum, and on the dates, set forth in subsection 4.1.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 11.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.3(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one "Revolving Credit Note" or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Note").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent the then-then unpaid Loansprincipal amount of each Loan on the Termination Date (or such earlier date on which such Loans become due and payable hereunder). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time owing by it from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.610.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof, each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each applicable Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by The Borrower agrees that, upon request of any Lender through the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventAgent, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit B with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Note").
Appears in 1 contract
Samples: Revolving Credit Agreement (Advanced Fibre Communications Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the then unpaid Loansprincipal amount of each Revolving Credit Loan and Swing Line Loan of such Lender on the Revolving Credit Termination Date (or such earlier date on which such Loans become due and payable pursuant to Section 7) and (ii) the principal amount of each Term Loan at maturity as set forth in Section 2.3 (or on such earlier date on which such Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 2.12.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.6(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Revolving Credit Loans, Swing Line Loans or Term Loans, as the case may be, of such Lender (or, if requested by such Lender, substantially in the forms of Exhibit X-0, X-0, and G-3, respectively, with appropriate insertions as to date and principal amount; provided that delivery of such Lender and its registered assigns) and in notes shall not be a form approved by condition precedent to the Administrative Agent. Thereafter, making of the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to on the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Closing Date.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay DW Animation hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender on the Scheduled Termination Date, the then unpaid Loansprincipal amount of each Loan made by such Lender. DW Animation hereby further agrees to pay interest in immediately available funds at the office of the Administrative Agent on the unpaid principal amount of the Loans from time to time outstanding from the Restatement Effective Date until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower DW Animation to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.610.6(b), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each whether such Loan made is an ABR Loan or a Eurodollar Loan, and the LIBOR any Interest Period applicable theretoto such Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower DW Animation to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower DW Animation and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.5(b) and (c) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower DW Animation therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower DW Animation to repay (with applicable interest) the Loans made to the Borrower DW Animation by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay Company hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Credit Loan and Swingline Loan of such Lender on the Revolving Credit Termination Date (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Article X). The Company hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 5.7.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Company to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Amended Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.612.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 5.2(b) and (c) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Company therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower Company to repay (with applicable interest) the Loans made to the Borrower such Company by such Lender in accordance with the terms of this Amended Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (Be Aerospace Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit outstanding unpaid principal amount of the LendersLoan, and all accrued and unpaid interest thereon, shall be due and payable on the earlier of (i) the Final Maturity Date, repay Date and (ii) the date on which the Loan is declared due and payable pursuant to the Administrative Agent the then-unpaid Loansterms of this Agreement.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each the Loan made hereunder, the Type of each Loan made and the LIBOR Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bSection 2.03(b) and (cor Section 2.03(c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that (i) the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Agreement and (ii) in the event that there is an inconsistency of any conflict between the entries made in the accounts maintained by a Lender pursuant to Section 2.5(b2.03(b) and the Register accounts maintained by the Administrative Agent pursuant to Section 12.62.03(c), the said Register accounts maintained pursuant to Section 2.03(c) shall prevailgovern and control.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved furnished by the Collateral Agent and reasonably acceptable to the Administrative AgentBorrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.612.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Global Loan on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two Business Days after such Swingline Loan is made; provided that on each date that a Global Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the currency, Class and Type of each Loan made thereof and the LIBOR 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 each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bSection 2.09(b) and (cor 2.09(c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the any failure of by any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency of any conflict between the accounts records maintained by a Lender pursuant to Section 2.5(b2.09(b) and Section 2.09(c) and the Register maintained by the Administrative Agent pursuant to Section 12.6Register, the said Register shall prevailcontrol in the absence of manifest error.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver promptly to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and substantially in a the form approved by the Administrative Agent. of Exhibit H. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.610.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (KKR Real Estate Finance Trust Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby ----------------------------------------- unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Termination Date (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 6). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans 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 subsection 2.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 8.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.5(b) and (c) of this Section 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 provided, however, that the -------- ------- failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A-1 with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent"Revolving Credit Note"). Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).---------------------
Appears in 1 contract
Samples: 364 Day Credit Agreement (Virginia Electric & Power Co)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Revolving Loan of such Lender on the Revolving Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.11 and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the seventh Business Day after the date on which such Swingline Loan is made or, if earlier, the fifth day prior to the Revolving Maturity Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the Register accounts maintained pursuant to paragraph (b) or (c) of this Section shall be PRIMA FACIE evidence of the existence and accounts and subaccounts maintained amounts of the obligations recorded therein (although in the case of any conflict between determinations made pursuant to paragraphs (b) and (c), determinations made pursuant to paragraph (c) of this Section shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedshall control); provided PROVIDED that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans of any Class made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Borrower shall, hereby unconditionally promises to pay to the Agent for the benefit account of the Lenders, Lenders the then unpaid principal amount of each Loan made by such Lender on the Final Maturity Date, repay Date (or such earlier date on which the Loans become due and payable pursuant to the Administrative Agent terms of this Agreement). Each Borrower hereby further agrees to pay interest on the then-unpaid Loansprincipal amount of the Loans made from time to time outstanding from the date hereof until payment in full thereof at the rates per annum set forth in Section 2.6 and on the dates set forth in Section 2.7.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrowers, shall maintain the Register pursuant to Section 12.610.8, and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount and Tranche of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR Period applicable theretoany Note evidencing such Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.5 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the relevant Borrower to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Loan Agreement (Sunterra Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Administrative Agent for the benefit account of each Lender the then unpaid principal amount of the LendersLoans of such Lender, and all interest due thereon, and otherwise satisfy all other Obligations, in each case, on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Type of each Loan made and thereof and, if applicable, the LIBOR 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 from for the Borrower account of the Lenders and each Lender’s share Applicable Percentage thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In ; and provided further that to the event that extent there is an inconsistency any conflict between the accounts maintained by a Lender pursuant to paragraph (b) or (c) of this Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.610.04(b), the said Register shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that the Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and or its registered assigns) and assigns in a the form approved by the Administrative Agent. attached hereto as Exhibit G. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.610.04) be represented by one or more a promissory notes note in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)form.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Each Tranche 2/3 Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby severally and unconditionally promises to pay to the Administrative Agent for the then-account of each Lender with any Loans outstanding to such Tranche 2/3 Borrower the then unpaid Loansprincipal amount of all such Loans on the Commitment Expiration Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the each Tranche 2/3 Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Tranche and Type of each Loan made thereof and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Tranche 2/3 Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each such Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the any Tranche 2/3 Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Tranche 2 Lender may request that Tranche 2 Loans made by it be evidenced by a promissory note. In such event, the relevant Tranche 2/3 Borrower shall prepare, execute and deliver to such Tranche 2 Lender a promissory note payable to the order of such Tranche 2 Lender (or, if requested by such Tranche 2 Lender, to such Tranche 2 Lender and its registered assigns) substantially in the form of Exhibit B-1 with blanks appropriately completed in conformity herewith (each, a “Tranche 2 Note” and in a form approved by collectively, the Administrative Agent“Tranche 2 Notes”). Thereafter, the Tranche 2 Loans evidenced by such promissory note Tranche 2 Note and interest thereon shall at all times (including after assignment pursuant to Section 12.610.04) be represented by one or more promissory notes in such form Tranche 2 Notes payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
(f) Any Tranche 3 Lender may request that Tranche 3 Loans made by it be evidenced by a promissory note. In such event, the Parent Borrower shall prepare, execute and deliver to such Tranche 3 Lender a promissory note payable to the order of such Tranche 3 Lender (or, if requested by such Tranche 3 Lender, to such Tranche 3 Lender and its registered assigns) substantially in the form of Exhibit B-2 with blanks appropriately completed in conformity herewith (each, a “Tranche 3 Note” and collectively, the “Tranche 3 Notes”). Thereafter, the Tranche 3 Loans evidenced by such Tranche 3 Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more Tranche 3 Notes payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Commencing on June 27, 2014, the Borrower shall, hereby unconditionally promises to repay the outstanding Term Loans to the Administrative Agent for the benefit account of each Lender (i) on the last Business Day of each March, June, September and December prior to the Maturity Date (each such date being referred to as a “Loan Installment Date”), in each case in an amount equal to 0.25% of the Lendersoriginal principal amount of such Term Loans (as such payments may be reduced from time to time as a result of the application of prepayments in accordance with Section 2.10 and Section 9.05(g) or increased as a result of any increase in the amount of such Term Loans pursuant to Section 2.21(a)), and (ii) on the Maturity Date, repay the remainder of the principal amount of the Term Loans outstanding on such date, together in each case with accrued and unpaid interest on the principal amount to be paid to but excluding the Administrative Agent the then-unpaid Loansdate of such payment.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any manifest error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In ; provided, further, that in the event that there is an of any inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to paragraph (c) of this Section 12.6and any Lender’s records, the said Register accounts of the Administrative Agent shall prevailgovern.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory notePromissory Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note Promissory Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note Promissory Note and interest thereon shall at all times (including after assignment pursuant to Section 12.69.05) be represented by one or more promissory notes Promissory Notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: First Lien Term Loan Agreement (Interline Brands, Inc./De)
Repayment of Loans; Evidence of Debt. (a) The Borrower shallshall repay to the Administrative Agent, for the benefit of the Lenders, on the Maturity Date, repay to the Administrative Agent the then-unpaid Loans, in U.S. Dollars (which, for the avoidance of doubt, shall equal an aggregate principal amount at maturity of $459,000,000, less any repayments prior to the Maturity Date, plus any PIK Interest that may be added to the principal amount).
(b) [Reserved]
(c) [Reserved]
(d) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office Lending Office of such Lender resulting from the Loan made by such lending office Lending Office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office Lending Office of such Lender from time to time under this Agreement.
(ce) The Administrative Agent shall maintain the Register pursuant to Section 12.69.06(b)(iv), and a sub-account subaccount for each Lender, in which the Register and sub-accounts subaccounts (taken together) shall be recorded (i) the amount of each Loan the Loans made hereunder, the Type of each Loan made hereunder and the LIBOR 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 from the Borrower and each Lender’s share thereof.
(df) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bd) and (ce) of this Section 2.05 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans Loan made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (Rexnord Corp)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Administrative Agent for the benefit account of each Lender the Lendersthen unpaid principal amount of each Loan of such Lender, and each Loan shall mature, on the Maturity DateDate (or such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Draw Date until payment in full thereof at the rates per annum, repay to and on the Administrative Agent the then-unpaid Loansdates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.4(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing the Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to such Lender date and its registered assigns) and in principal amount (a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns“Note”).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay (i) to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each USD Tranche Revolving Loan of such Lender on the USD Tranche Revolving Maturity Date, (ii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Multicurrency Tranche Revolving Loan of such Lender on the Multicurrency Tranche Revolving Maturity Date and (iii) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Term Loan of such Lender as provided in Section 2.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by AMERICAS 123601947 102 such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender Lxxxxx from time to time under this Agreementhereunder.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof and the LIBOR 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 from for the Borrower account of the Lenders and each LenderLxxxxx’s share thereof.
(d) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs paragraph (b) and or (c) of this Section shall, to the extent permitted by applicable law, 2.09 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; recorded therein, provided that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender pay any amounts due hereunder in accordance with the terms of this Agreement. In the event that there is an of any inconsistency between the accounts maintained by a Lender entries made pursuant to Section 2.5(bparagraphs (b) and (c) of this Section 2.09, the Register accounts maintained by the Administrative Agent pursuant to paragraph (c) of this Section 12.6, the said Register 2.09 shall prevailcontrol.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request through the Administrative Agent that Loans of any Class made by it be evidenced by a promissory noteNote. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (ai) The Borrower shall, Borrowers hereby unconditionally promise to pay (i) to the Administrative Agent for the benefit account of each Revolving Lender the Lenders, then unpaid principal amount of each Revolving Loan on the Maturity Date, repay (ii) to the Administrative Agent the then-then unpaid Loansamount of each Protective Advance on the earlier of the Maturity Date or demand by the Administrative Agent, and (iii) to the Administrative Agent the then unpaid principal amount of each Overadvance on the earlier of the Maturity Date or demand by the Administrative Agent.
(bii) At all times during a Dominion Period, on each Business Day, the Administrative Agent will apply all funds credited to the Collection Account on the immediately preceding Business Day (at the discretion of the Administrative Agent, whether or not immediately available), first to prepay any Protective Advances and Overadvances that may be outstanding, pro rata, and second to prepay the Revolving Loans (including Swingline Loans) and to cash collateralize outstanding LC Exposure. Notwithstanding the foregoing, to the extent any funds credited to the Collection Account constitute Net Proceeds, the application of such Net Proceeds will be subject to Section 2.11(c). If no Dominion Period is in effect, upon request of the Borrower Representative, any collected funds in the Collection Account will be transferred to the Funding Account.
(iii) Each Lender shall will maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeXxxxxx, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(civ) The Administrative Agent shall will maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) shall be recorded it will record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made thereof, and the LIBOR Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(dv) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bSection 2.10(c) and (cor Section 2.10(d) of this Section shall, to the extent permitted by applicable law, will be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that that, the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, shall therein will not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(fvi) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall Borrowers will prepare, execute execute, and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall will at all times (including after assignment pursuant to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)form.
Appears in 1 contract
Samples: Credit Agreement (Allbirds, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Maturity Date (or on such earlier date on which the Loans become due and payable pursuant to Section 7.1). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof, in each case, at the rates per annum, and on the dates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, acting for this purpose as a non-fiduciary agent of the Borrower, shall maintain the Register pursuant to Section 12.611.6(c), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of hereunder and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. In the event of any conflict between the accounts and records maintained by any Lender and the Register maintained by the Administrative Agent in respect of such matters, the Register of the Administrative Agent shall control in the absence of manifest error; provided, that the Administrative Agent and each such Lender shall work in good faith to resolve such conflict.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.3(b) and (c) of this Section shall, to the extent permitted by applicable lawabsent manifest error, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided provided, however, that the failure of any Lender to maintain any such account or any error therein, or the failure by the Administrative Agent to maintain such account, such the Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made the Borrower agrees that, upon the request by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will promptly execute and deliver to such Lender a promissory note payable to the order Note evidencing any Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit D, with appropriate insertions as to such Lender date and its registered assigns) and in principal amount; provided that, delivery of Notes shall not be a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable condition precedent to the order occurrence of the payee named therein (orClosing Date or the making of Loans, if such promissory note is a registered noteany, to such payee and its registered assigns)on the Closing Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Benefit Street Partners Realty Trust, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the principal amount of each Term Loan (other than PIK Term Loans) of such Lender in installments according to the applicable amortization schedule set forth in Section 2.3 and (ii) the principal amount of each PIK Term Loan of such Lender as set forth in Section 2.3(c) (or, in each case, such earlier date on which the Loans become due and payable pursuant to Section 7). The Borrower hereby further agrees to pay interest on the unpaid Loansprincipal amount of the Loans 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 2.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.6(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Term Loans or Revolving Credit Loans of such Lender (or, if requested by such Lender, substantially in the forms of Exhibit F-1 or F-2, respectively, with appropriate insertions as to such Lender date and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)principal amount.
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to Agent for the benefit account of the Lenders, appropriate Lender the entire principal amount of each Loan of such Lender on the Maturity Date or on such earlier date on which the Loans become due and payable pursuant to Section 2.6 or 2.7 or ARTICLE VII. Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Original Funding Date or the Closing Date, repay to as applicable, until payment in full thereof at the Administrative Agent rates per annum, and on the then-unpaid Loansdates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of Borrower, shall maintain the Register pursuant to Section 12.69.7(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR Period applicable theretoany 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 each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.4 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans Loan made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments Borrower agrees that, upon the request to be made Agent by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder orLender, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will promptly execute and deliver to such Lender a promissory note payable of Borrower evidencing such Lender’s Loan, substantially in the form of Exhibit G (a “Note”), with appropriate insertions as to date and principal amount; provided that delivery of Notes shall not be a condition precedent to the order occurrence of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, Closing Date or the making of the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to on the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Trans Energy Inc)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to Administrative Agent for the benefit account of the Lenders, appropriate Lender the remaining principal amount of each Loan of such Lender on the Maturity DateDate or on such earlier date on which the Loans become due and payable pursuant to Section 2.6 or 2.7 or Article VII. Xxxxxxxx hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, repay to and on the Administrative Agent the then-unpaid Loansdates, set forth in Section 2.8.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of Xxxxxxxx, shall maintain the Register pursuant to Section 12.69.7(e), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the LIBOR Period applicable theretoany 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 each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower Xxxxxxxx and each LenderXxxxxx’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (b) and (c) of this Section 2.4 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 provided, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency of any conflict between the accounts and records maintained by a Lender pursuant to Section 2.5(b) any Xxxxxx and the Register maintained by the accounts and records of Administrative Agent pursuant to Section 12.6in respect of such matters, the said Register and corresponding accounts and records of Administrative Agent shall prevailcontrol in the absence of manifest error.
(e) All payments Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder orLender, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will promptly execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by Borrower evidencing any Loans of such Lender, substantially in the form of Exhibit F (a “Note”), with appropriate insertions as to such Lender date and its registered assigns) and in principal amount; provided that delivery of Notes shall not be a form approved by condition precedent to the Administrative Agent. Thereafter, occurrence of the Closing Date or the making of the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)on any Borrowing Date.
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Repayment of Loans; Evidence of Debt. (a) The Borrower shalloutstanding principal of all Revolving Loans shall be due and payable on the Final Maturity Date or, for the benefit of the Lendersif earlier, on the Maturity Date, repay date on which they are declared due and payable pursuant to the Administrative Agent the then-unpaid Loansterms of this Agreement.
(b) [Reserved].
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower Borrowers to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(cd) The Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Type of each Loan made and the LIBOR Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s 's share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs (bSection 2.03(c) and (cor Section 2.03(d) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower recorded therein recorded(absent manifest error); provided that (i) the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In Agreement and (ii) in the event that there is an inconsistency of any conflict between the entries made in the accounts maintained by a Lender pursuant to Section 2.5(b2.03(c) and the Register accounts maintained by the Administrative Agent pursuant to Section 12.62.03(d), the said Register accounts maintained pursuant to Section 2.03(d) shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment govern and Assumption of such Lendercontrol.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved furnished by the Collateral Agent and reasonably acceptable to the Administrative AgentBorrower. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.612.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of each Lender the then unpaid Loansprincipal amount of each Loan of such Lender on the Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 9). The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Closing Date to but not including the date the Loans are paid in full at the rates per annum, and on the dates, set forth in subsection 4.1.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent shall maintain the Register pursuant to Section 12.6subsection 11.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bsubsection 2.3(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by On the Administrative Agent to Closing Date and on any later date on which a New Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is Supplement or an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such eventassignment under subsection 11.6 occurs, the Borrower shall prepare, will execute and deliver to such each Lender a promissory note payable in an aggregate principal amount equal to the order Commitment of such Lender as then in effect, substantially in the form of Exhibit A, with appropriate insertions as to date (or, if requested by such Lender, to such Lender and its registered assigns) and in each a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns"Note").
Appears in 1 contract
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, for the benefit of the Lenders, on the Maturity Date, repay hereby unconditionally promises to pay to the Administrative Agent for the then-account of the appropriate Lender (i) the then unpaid Loansprincipal amount of each Revolving Credit Loan of such Lender on the Revolving Credit Termination Date (or such earlier date on which such Loans become due and payable pursuant to Section 7), (ii) the then unpaid principal amount of each Tranche A Term Loan on the Tranche A Term Loan Maturity Date and (iii) the then unpaid principal amount of each Incremental Term Loan on the applicable Incremental Term Loan Maturity Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Loans from time to time outstanding from the Closing Date until payment in full thereof at the rates per annum, and on the date, set forth in Section 2.13.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to time, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreement.
(c) The Administrative Agent Agent, on behalf of the Borrower, shall maintain the Register pursuant to Section 12.69.6(d), and a sub-account subaccount therein for each Lender, in which Register and sub-accounts (taken together) shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the LIBOR 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) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts and subaccounts of each Lender maintained pursuant to paragraphs (bSection 2.6(b) and (c) of this Section 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 provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments The Borrower agrees that, upon the request to be made by the Administrative Agent to by any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, will execute and deliver to such Lender a promissory note payable to of the order Borrower evidencing any Revolving Credit Loans or Tranche A Term Loans, as the case may be, of such Lender (or, if requested by such Lender, substantially in the forms of Exhibit F-1 or F-2, respectively, with appropriate insertions as to date and principal amount; provided that delivery of such Lender and its registered assigns) and in notes shall not be a form approved by condition precedent to the Administrative Agent. Thereafter, making of the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 12.6) be represented by one or more promissory notes in such form payable to on the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Closing Date.
Appears in 1 contract
Samples: Credit Agreement (B&G Foods, Inc.)
Repayment of Loans; Evidence of Debt. (a) The Borrower shall, hereby unconditionally promises to pay to the Lead Administrative Agent for the benefit account of each Lender the Lenders, then unpaid principal amount of each Revolving Loan on the Revolving Maturity Date, repay to Date in the Administrative Agent the then-unpaid Loanscurrency of such Loan.
(b) The Borrower hereby unconditionally promises to pay to the Lead Administrative Agent for the account of each Lender the aggregate principal amount of all Term Loans outstanding in installments on the last Business Day of each of January, April, July and October and on the Term Maturity Date, in each case, in the respective amounts set forth in the table below (as such installments CHAR1\1449231v6 may hereafter be adjusted as a result of prepayments made pursuant hereto), unless accelerated sooner pursuant to Article VII: Term Maturity Date Outstanding Principal Balanceof all Term Loans
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness indebtedness of the Borrower to the appropriate lending office of such Lender resulting from the each Loan made by such lending office of such Lender from time to timeLender, including the amounts and currency of principal and interest payable and paid to such lending office of such Lender from time to time under this Agreementhereunder.
(cd) The Lead Administrative Agent shall maintain the Register pursuant to Section 12.6, and a sub-account for each Lender, accounts in which Register and sub-accounts (taken together) it shall be recorded record (i) the amount of each Loan made hereunder, the Class, Agreed Currency and Type of each Loan made thereof and the LIBOR 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 Lead Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.
(de) The entries made in the Register and accounts and subaccounts maintained pursuant to paragraphs clauses (bc) and (cd) of this Section shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided that provided, that, the failure of any Lender or the Lead Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. In the event that there is an inconsistency between the accounts maintained by a Lender pursuant to Section 2.5(b) and the Register maintained by the Administrative Agent pursuant to Section 12.6, the said Register shall prevail.
(e) All payments to be made by the Administrative Agent to any Lender hereunder shall be made in accordance with the payment instructions of such Lender set forth on the signature page of such Lender hereunder or, if such Lender is an Assignee, set forth in the Assignment and Assumption of such Lender.
(f) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Lead Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant CHAR1\1449231v6 to Section 12.69.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (Intuit Inc)