Repayment of Loans; Evidence of Indebtedness. (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving 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 of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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: Fourth Amendment and Restatement Agreement (Kindred Healthcare, Inc), Abl Credit Agreement (Kindred Healthcare, Inc), Abl Credit Agreement (Kindred Healthcare, Inc)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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 5 contracts
Samples: Amendment and Restatement Agreement (Limited Brands Inc), 364 Day Revolving Credit Agreement (Limited Brands Inc), Revolving Credit Agreement (Limited Brands Inc)
Repayment of Loans; Evidence of Indebtedness. (a) The applicable Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Lender Administrative Agent the then unpaid principal amount of each Swingline Loan Protective Advance on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, demand by the Borrower shall repay all Swingline Loans then outstandingAdministrative Agent in respect of such Protective Advance.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the applicable Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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).
(f) On each Business Day while a Cash Dominion Period is in effect, the Administrative Agent shall apply any and all funds credited to the ABL Collection Account on such Business Day or the immediately preceding Business Day (in the Permitted Discretion of the Administrative Agent), first, to prepay any Protective Advances that may be outstanding, second, to prepay the Borrowings and unreimbursed LC Disbursements and, third, to cash collateralize outstanding LC Exposure in the manner provided in Section 2.05(j) (to the extent such LC Exposure shall not have been theretofore cash collateralized in accordance with such Section). The Borrowers hereby direct the Administrative Agent to apply the funds credited to the ABL Collection Account as set forth above and authorize the Administrative Agent to determine the order of application of such funds as among the individual Protective Advances or Borrowings and unreimbursed LC Disbursements. Each prepayment of a Borrowing shall be applied ratably to the Loans included in such Borrowing. For the avoidance of doubt, funds used to prepay Borrowings or unreimbursed LC Disbursements may be reborrowed, subject to the terms and conditions set forth herein.
Appears in 5 contracts
Samples: Amended and Restated Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Victoria's Secret & Co.)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender Term Lender, in quarterly installments on the then unpaid last Business Day of each March, June, September and December, commencing with the first full quarter after the Third Amendment and Restatement Effective Date, a principal amount in respect of the Term Loans equal to 0.25% of the original principal amount of each Revolving Loan the Term Loans with the final installment on the Maturity Date and (ii) equal to the Swingline Lender the then unpaid principal remaining outstanding amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingTerm Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) . Any Lender may request that Loans made by it be evidenced by a Term Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Term 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 Agent. Thereafter, the Loans evidenced by such Term Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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 4 contracts
Samples: Term Loan Credit Agreement (Kindred Healthcare, Inc), Fifth Amendment and Restatement Agreement (Kindred Healthcare, Inc), Fourth Amendment and Restatement Agreement (Kindred Healthcare, Inc)
Repayment of Loans; Evidence of Indebtedness. (a) The outstanding principal balance of each (i) The Borrower Revolving Credit Loan made by any Lender shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan be due and payable on the Maturity Commitment Termination Date of such Lender and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan shall be due and payable on the earlier of the Maturity Swingline Termination Date and each Friday 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 Day; provided that on each date that a Revolving Borrowing Days after such Swingline Loan 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 of the Borrower Indebtedness to such Lender resulting from each Loan Extension of Credit made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan Extension of Credit made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph subsections (b) or and (c) of this Section shall above shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the Loans Outstanding Credits in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 of Exhibit F attached hereto or such other form approved by the Agent. Thereafter, Agent and the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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)Borrower.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Oncor Electric Delivery Co LLC), Revolving Credit Agreement (Oncor Electric Delivery Co LLC), Revolving Credit Agreement (Oncor Electric Delivery Co LLC)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of a particular Class of such Lender on the Revolving Maturity Date of such Class of Revolving Loan (it being understood and agreed that, subject to the other terms and conditions hereof, the Borrower may make Borrowings of Revolving Loans under any remaining Revolving Commitments of any other Class to effect such repayment), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Revolving Maturity Date (applicable to the Class of Revolving Commitments with the Latest Maturity Date held by the Swingline Lender) and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iii) to the Administrative Agent for the account of each FILO Lender the then outstandingunpaid principal amount of each FILO Loan of such Lender on the FILO Maturity Date, and (iv) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of the Term Loans of each applicable Class on the Term Facility Maturity Date for such Class.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit X-0, X-0 or A-3, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04(b)) 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 (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, (ii) to the Administrative Agent for the account of each Term Loan Lender the then unpaid principal amount of the Term Loan of such Lender as provided in Section 2.10 and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Maturity Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingthat 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 to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Canadian Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Canadian Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Canadian Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Canadian Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Agentof Exhibit A). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 2 contracts
Samples: Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the Swing Line Lender, the appropriate Revolving Credit Lender, the appropriate Term B Loan Lender or the appropriate New Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit 1 Loan of such Revolving Credit Lender on the Maturity Revolving Credit 1 Termination Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Revolving Credit 2 Loan of such Revolving Credit Lender on the earlier Revolving Credit 2 Termination Date, (ii) the then unpaid principal amount of each Swing Line Loan of the Maturity Swing Line Lender on the Revolving Credit 2 Termination Date, (iii) the principal amount of each Term B-1 Loan of such Term B-1 Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term B-1 Loan of such Term B-1 Loan Lender on the Term B-1 Loan Termination Date, (iv) the principal amount of each Term B-2 Loan of such Term B-2 Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term B-2 Loan of such Term B-2 Loan Lender on the Term B-2 Loan Termination Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is (v) in the event any Series of New Term Loans are made, subject to Section 2.26(e), the principal amount of each New Term Loan of such New Term Loan Lender in such Series on the date set forth in the applicable Joinder Agreement and the then unpaid principal amount of each New Term Loan of such Series on the New Term Loan Termination Date of such Series. The Borrower shall repay all Swingline hereby further agrees to pay interest on the unpaid principal amount of the Loans then outstandingfrom 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 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall 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 thereinin the absence of manifest error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by the Lenders in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any Term B-1 Loans, Revolving Credit 1 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 hereto, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term B-1 Notes”, “Revolving Credit 1 Notes” and its registered assigns“Swing Line Notes”) and or (i) in the case of New Term Loans, a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order note of the payee named therein Borrower substantially in the form of the Term B-1 Notes with such changes as may be necessary or appropriate to reflect the terms and provisions of such New Term Loans (orsuch notes, if such “New Term Notes”), or (ii) in the case of Revolving Credit 2 Loans, a promissory note is of the Borrower substantially in the form of the Revolving Credit 1 Notes with such changes as may be necessary or appropriate to reflect the terms and provisions of such Revolving Credit 2 Loans (such notes, “Revolving Credit 2 Notes”) or (iii) in the case of Term B-2 Loans, a registered notepromissory note of the Borrower substantially in the form of the Term B-1 Notes with such changes as may be necessary or appropriate to reflect the terms and provisions of the Term B-2 Loans (such notes, to such payee and its registered assigns“Term B-2 Notes”).
Appears in 2 contracts
Samples: Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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: 364 Day Revolving Credit Agreement (Limited Brands Inc), 364 Day Revolving Credit Agreement (Limited Brands Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class hereunder and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (bSection 2.10(b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a promissory note substantially in the form of Exhibit D or such other form approved by the Administrative Agent (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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)form.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Excelerate Energy, Inc.), Senior Secured Revolving Credit Agreement (Excelerate Energy, Inc.)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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 (Kindred Healthcare, Inc), Credit Agreement (Kindred Healthcare Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each applicable Lender (i) the then unpaid principal amount of each Revolving Credit Loan on the Maturity Date (or such earlier date on which the Revolving Credit Loans become due and payable pursuant to Section 10), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan on the Swing Line Loan Termination Date (or such earlier date on which the Swing Line Loans become due and payable pursuant to Section 10) and (iii) the principal amount of the Maturity Date Term Loan on the dates and each Friday that is a Business Day; provided that in the amounts set forth in subsection 2.3 (or the then unpaid principal amount of such Term Loan, on each the date that a Revolving Borrowing is madethe Term Loan becomes due and payable pursuant to Section 10). 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 Borrower shall repay all Swingline Loans then outstandingdates, set forth in subsection 5.10.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such the Lender resulting from each Loan made by loan of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts the Register pursuant to subsection 12.8(d) and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Revolving Credit Loan, Swing Line Loan and Term Loan made hereunder, the Class and Type thereof and the each 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 the Lenders hereunder and (iii) the amount and date of any sum received by the Administrative Agent hereunder for from the account of the Lenders and each Lender’s share thereofBorrower.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bsubsection 12.8(d) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, record or any error in any record shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by the Lenders in accordance with the terms of this Agreement.
(e) Any The Borrower agrees that, upon request of any Lender may request that Loans made by it be evidenced by a Note. In such eventthrough the Administrative Agent, the Borrower shall prepare, will execute and deliver to such Lender (i) a Note payable to promissory note of the order Borrower evidencing the Term Loan of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A with appropriate insertions as to date and principal amount (the "Term Note"); (ii) a promissory note of the Borrower evidencing the Revolving Credit Loans of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a "Revolving Credit Note"); and (iii) with respect to such Lender and its registered assigns) and in Swing Line Lender, a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order note of the payee named therein Borrower evidencing the Swing Line Loans of such 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 assigns"Swing Line Note").
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.07 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.0412.04) 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 and Security Agreement (Basic Energy Services Inc)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 1 Term Lender the then unpaid principal amount of the Tranche 1 Term Loan of such Lender as provided in Section 2.10, (ii) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date, (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Maturity Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iv) to the Administrative Agent for the account of each Tranche 2 Term Lender the then outstandingunpaid principal amount of the Tranche 2 Term Loan of such Lender as provided in Section 2.10 and (v) to the Administrative Agent for the account of each Tranche 3 Term Lender the then unpaid principal amount of the Tranche 3 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 such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each applicable Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date (or such earlier date on which the Loans become due and (ii) payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the Swingline Lender the then unpaid principal amount of each Swingline Loan the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madedates, the Borrower shall repay all Swingline Loans then outstandingset forth in subsection 3.11.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such the Lender resulting from each Loan made by loan of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts the Register pursuant to subsection 10.8(d) and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunder, the Class and Type thereof and the each 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 the Lenders hereunder and (iii) the amount and date of any sum received by the Agent hereunder for from the account of the Lenders and each Lender’s share thereofBorrower.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bsubsection 10.8(d) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided PROVIDED, HOWEVER, that the failure of the Agent or any Lender or the Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by the Lenders in accordance with the terms of this Agreement.
(e) Any The Borrower agrees that, upon request of any Lender may request that Loans made by it be evidenced by a Note. In such eventthrough the Agent, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"NOTE").
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain Note evidencing such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such eventLoan, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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).the
Appears in 1 contract
Samples: Credit Agreement (Buffets Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay Company hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender Bank the then unpaid principal amount of each Revolving Credit Loan and Competitive Loan of such Bank on the last day of the Interest Period applicable to such Loan (in the case of any Revolving Credit Loan, subject to the final sentence of Section 2.06 hereof) and, in any event, 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower Company to such Lender Bank resulting from each Loan made by such LenderBank, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders Banks and each LenderBank’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.05 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender Bank or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Company to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender Bank may request (i) that the Revolving Credit Loans made by it be evidenced by a NoteRevolving Credit Note duly executed on behalf of the Company, dated the date of this Agreement, in substantially the form attached hereto as Exhibit A-2 with the blanks appropriately filled, payable to such Bank (or, if requested by such Bank, to such Bank or its registered assigns) in a principal amount equal to the Revolving Credit Commitment of such Bank, and (ii) that the Competitive Loans made by it be evidenced by a Competitive Note duly executed on behalf of the Company, dated the date of this Agreement, in substantially the form attached hereto as Exhibit A-1 with the blanks appropriately filled, payable to such Bank (or, if requested by such Bank, to such Bank or its registered assigns) in a principal amount equal to the Total Commitment. In such event, the Borrower Company shall prepare, execute and deliver to such Lender a Bank the applicable 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 Agentor Notes. Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.06) be represented by one or more promissory notes Notes in such form payable to the order of the payee named therein (or, if required by such promissory note is a registered notepayee, to such payee and or its registered assigns). Each Bank shall, and is hereby authorized by the Company to, record on the schedule attached to the relevant Note held by such Bank (or on a continuation of such schedule attached to each such Note and made a part thereof) an appropriate notation evidencing the Borrowing Date and amount of each Loan of such Bank, each payment or prepayment (including any deemed repayment pursuant to Section 2.06 hereof) of principal of any Loan and the other information provided for on such schedule; provided, however, that the failure of any Bank to make such a notation or any error therein shall not in any manner affect the obligation of the Company to repay the Loans made by such Bank in accordance with the terms of the relevant Note. Upon Payment in Full, each Note or, with respect to any Bank, on the date on which such Bank no longer holds any outstanding Loans or Revolving Credit Commitment, such Bank’s Note(s), shall be automatically deemed of no further force and effect and, upon the request of the Company, shall be promptly returned by the relevant Bank to the Company.
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (a) The applicable Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the applicable Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement.
(ed) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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: Amendment and Restatement Agreement (L Brands, Inc.)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Maturity Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingthat 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 to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay Borrowers hereby unconditionally promise to pay to the Administrative Agent for the ratable account of each Lender (i) the then unpaid principal amount of each Revolving Credit Loan of such Lender on the Maturity Date Revolving Credit Termination Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan the Swing Line Loans of the Swing Line Lender on the earlier Revolving Credit Termination Date. The Borrowers hereby further agree to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingdates set forth in Section 3.5.
(b) Each Lender shall open and maintain on its books a loan account in accordance with its usual practice an account or accounts evidencing American Tire’s name (each, a “Loan Account” and collectively, the indebtedness of the Borrower to “Loan Accounts”). Each such Lender resulting from Loan Account shall show as debits thereto each Loan made under this Agreement by such LenderLender to the Borrowers and as credits thereto all payments received by such Lender and applied to principal of such Loans, including so that the amounts balance of the Loan Account at all times reflects the principal and interest payable and paid to amount due such Lender from time to time hereunderthe Borrowers.
(c) The Administrative Agent shall maintain accounts the Register pursuant to subsection 11.8(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Revolving Credit Loan made hereunder, the Class and Type thereof and the each 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) both the amount of any sum received by the Administrative Agent hereunder for from the account of the Lenders Borrowers and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant Register and the Loan Accounts shall, to paragraph (b) or (c) of this Section shall the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrowers therein recorded; provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts Loan Account, 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 Borrowers by such Lender or to repay any other obligations in accordance with the terms of this Agreement.
(e) Any Lender may The Borrowers agree that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, Borrowers will execute and deliver to such Lender (i) a Note payable to promissory note of the order Borrowers 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 assignsprincipal amount (a “Revolving Credit Note”), and/or (ii) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order case of the payee named therein (orSwing Line Lender, if such a promissory note is a registered noteof the Borrowers evidencing the Swing Line Loans of the Swing Line Lender, substantially in the form of Exhibit B with appropriate insertions as to such payee date and its registered assignsprincipal amount (the “Swing Line Note”).
Appears in 1 contract
Samples: Loan and Security Agreement (Texas Market Tire, Inc.)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Date and Revolving Credit Termination Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the earlier Revolving Credit Termination Date, and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term Loan of such Term Loan Lender on the Term Loan Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 hereto, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "Term Notes", "Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Notes").
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Revolving Maturity Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iii) to the Administrative Agent for the account of each Tranche 7 Term Lender the then outstandingunpaid principal amount of the Tranche 7 Term Loan of such Lender as provided in Section 2.10 and (iv) to the Administrative Agent for the account of each Other Term Lender with Other Term Loans of any Class the then unpaid principal amount of the Other Term Loans of such Lender of such Class as provided in the applicable Refinancing Amendment or Loan Modification Agreement.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (a) The outstanding principal balance of each (i) The Borrower Eurodollar Loan shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan be due and payable on the Maturity last day of the Interest Period applicable thereto and on the Applicable Commitment Termination Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline ABR Loan shall be due and payable on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingApplicable Commitment Termination Date.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Extension of Credit made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan Extension of Credit made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders from each Borrower and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph subsections (b) or and (c) of this Section shall above shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower Borrowers to repay the Loans Outstanding Credits in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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 Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan the Loans made by such Lender and owed by such Borrower on the Maturity Date (or such earlier date on which the Loans become due and (ii) payable pursuant to Section 2.5 or Article 7). The Borrower hereby further agrees to pay interest on the Swingline Lender the then unpaid principal amount of each Swingline Loan the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madedates, the Borrower shall repay all Swingline Loans then outstanding.set forth in Section 2.9. HOU:3943078.7
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts the Register pursuant to Section 9.6(d), and a subaccount therein for each Lender in which it there shall record be recorded (i) the amount of each Loan made hereunder, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.2(b) or (c) of this Section shall shall, to the extent permitted by applicable Law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing the Loan of such Lender (or, if requested by such Lender, substantially in the form of Exhibit A (each, a “Note”) with appropriate insertions as to such Lender and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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)principal amount.
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 1 Term Lender the then unpaid principal amount of the Tranche 1 Term Loan of such Lender as provided in Section 2.10, (ii) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date, (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Maturity Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested and (iv) to the Administrative Agent for the account of each Tranche 2 Term Lender the then outstandingunpaid principal amount of the Tranche 2 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 such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender Term Lender, in quarterly installments on the then unpaid last Business Day of each March, June, September and December, commencing with the first full quarter after the Closing Date, a principal amount in respect of the Term Loans equal to 0.25% of the original principal amount of each Revolving Loan the Term Loans with the final installment on the Maturity Date and (ii) equal to the Swingline Lender the then unpaid principal remaining outstanding amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingTerm Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) . Any Lender may request that Loans made by it be evidenced by a Term Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Term 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 Agent. Thereafter, the Loans evidenced by such Term Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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: Term Loan Credit Agreement (Kindred Healthcare, Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender Term Lender, in quarterly installments on the then unpaid last Business Day of each March, June, September and December, commencing with the first full quarter after the Amendment and Restatement Date, a principal amount in respect of the Term Loans equal to 0.25% of the original principal amount of each Revolving Loan the Term Loans with the final installment on the Maturity Date and (ii) equal to the Swingline Lender the then unpaid principal remaining outstanding amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingTerm Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) . Any Lender may request that Loans made by it be evidenced by a Term Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Term 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 Agent. Thereafter, the Loans evidenced by such Term Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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: Second Amendment and Restatement Agreement (Kindred Healthcare, Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Global Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each the Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Global Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Lender's Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Global Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Global Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans the Loan made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes payable to the order of such Lender (or, if requested by such Lender, to such a Lender and its registered assigns) assigns and in a form approved by the Global Administrative Agent and the Canadian Administrative Agent). Thereafter, the Loans Loan evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (Brown Tom Inc /De)
Repayment of Loans; Evidence of Indebtedness. (a) The --------------------------------------------- Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and ----- ----- amounts of the obligations recorded therein; provided that the failure of any -------- Lender or the Administrative Agent to maintain such 37 accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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 Indebtedness. (a) Each Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Maturity Date in the currency of such Loan and (ii) to the relevant Swingline Lender the then unpaid principal amount of each Swingline Loan made to such Borrower by such Swingline Lender on the earlier of the Maturity Date and each Friday that the 14th Business Day after the date such Swingline Loan is a Business Daymade; provided that on each date that a Revolving Borrowing is made, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it to any Borrower be evidenced by a Notepromissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a 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 Agent. attached hereto as Exhibit D. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (PENTAIR PLC)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Lender (i) the then unpaid principal amount of each Revolving Credit Loan on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan in installments or at maturity as set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts in which it the Register pursuant to Section 10.6(e), and a subaccount therein for each Lender, and shall record therein (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided PROVIDED, HOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made by it be evidenced by a Note. In such eventto the Administrative Agent of any Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 Exhibits F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "TERM NOTES", "REVOLVING CREDIT NOTES" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"SWING LINE NOTES").
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderXxxxxx, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, hereunder and the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereofthereof (which may, in the case of clause (iii), be separately maintained in an ECR Lender Account for each ECR Lender).
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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: Revolving Credit Agreement (Rocket Companies, Inc.)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Global Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan and Borrowing of such Lender 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Global Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Global Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Global Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Global Administrative Agent). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (Brown Tom Inc /De)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Lender (i) the then unpaid principal amount of each Revolving Credit Loan on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(e), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 Exhibits F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "Term Notes", "Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Notes").
Appears in 1 contract
Samples: Credit Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the Swing Line Lender, the appropriate Revolving Credit Lender, the appropriate Term B Loan Lender or the appropriate New Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Date and Revolving Credit Termination Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of the Swing Line Lender on the Revolving Credit Termination Date, (iii) the principal amount of each Term B Loan of such Term B Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term B Loan of such Term B Loan Lender on the Term B Loan Termination Date and (iv) in the event any New Term Loans are made, subject to Section 2.26(e), the principal amount of each New Term Loan of such New Term Loan Lender on the date set forth in the applicable Joinder Agreement and the then unpaid principal amount of each New Term Loan on the earlier New Term Loan Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall 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 thereinin the absence of manifest error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 hereto, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term B Notes”, “Revolving Credit Notes” and its registered assigns“Swing Line Notes”) and or, in the case of New Term Loans, a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order note of the payee named therein Borrower substantially in the form of the Term B Notes with such changes as may be necessary or appropriate to reflect the terms and provisions of such New Term Loans (orsuch notes, if such promissory note is a registered note, to such payee and its registered assigns“New Term Notes”).
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 2 Term Lender the then unpaid principal amount of each Revolving the Tranche 2 Term Loan on the Maturity Date of such Lender as provided in Section 2.08, and (ii) to the Swingline Administrative Agent for the account of each Other Term Lender with Other Term Loans of any Class the then unpaid principal amount of each Swingline the Other Term Loans of such Lender of such Class as provided in the applicable Refinancing Amendment or Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingModification Agreement.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the Swing Line Lender, the appropriate Revolving Credit Lender or the appropriate Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Date and Revolving Credit Termination Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of the Swing Line Lender on the earlier Revolving Credit Termination Date and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term Loan of such Term Loan Lender on the Term Loan Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall 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 thereinin the absence of manifest error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 hereto, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "Term Notes", "Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Notes").
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Repayment of Loans; Evidence of Indebtedness. (a) The applicable Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the applicable Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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: Amendment and Restatement Agreement (L Brands, Inc.)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each Interest Period 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) both the amount of any sum received by the Administrative Agent hereunder for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term Notes”, “Revolving Credit Notes” and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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“Swing Line Notes”).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by owing to such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof hereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by the Loans, including any Capitalized Interest, owing to it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Capital Trust Inc)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Global Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date Date, and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date dates provided in, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madein accordance with, the Borrower shall repay all Swingline Loans then outstandingSection 2.4(d).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Global Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Global Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Global Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Agentof Exhibit A). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (%3) The applicable Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding.Interest Period applicable to such Loan. [[NYCORP:3477056v9:3104W: 07/18/2014--12:20 AM]]
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the applicable Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement.
(ed) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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: Amendment and Restatement Agreement (L Brands, Inc.)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof. At the request of any Lender, at any time after an amendment, modification or waiver has been circulated by the Administrative Agent (but prior to the effectiveness of such amendment, modification or waiver), the Administrative Agent will provide such Lender with a list of the names of all the Lenders.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "Term Notes", Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Notes").
Appears in 1 contract
Samples: Credit Agreement (Worldspan L P)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 1 Term Lender the then unpaid principal amount of the Tranche 1 Term Loan of such Lender as provided in Section 2.10, (ii) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving/Tranche 1 Term Maturity Date and Date, (iiiii) to the Swingline Lender the then unpaid principal amount xxx xxxx xxxxxx xxxxxxxxx xxxxxx of each Swingline Loan on the earlier of (A) the Revolving/Tranche 1 Term Maturity Date and each Friday (B) the date that is a Business Dayseven xxxx xxxxx xxx xxxx xx xxxxx xxxh Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested and (iv) to the Administrative Agent for the account of each Tranche 2 Term Lender the then outstandingunpaid principal amount of the Tranche 2 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 such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 1 Term Lender the then unpaid principal amount of each Revolving the Tranche 1 Term Loan on the Maturity Date of such Lender as provided in Section 2.08, and (ii) to the Swingline Administrative Agent for the account of each Other Term Lender with Other Term Loans of any Class the then unpaid principal amount of each Swingline the Other Term Loans of such Lender of such Class as provided in the applicable Refinancing Amendment or Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingModification Agreement.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each applicable Lender the principal amount of the Loans on the dates and in the amounts set forth in subsection 2.3 (or the then unpaid principal amount of each Revolving Loan any such Loan, on the Maturity Date date that any Loan becomes due and (ii) payable pursuant to Section 8). The Borrower hereby further agrees to pay interest on the Swingline Lender the then unpaid principal amount of each Swingline Loan from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madedates, the Borrower shall repay all Swingline Loans then outstandingset forth in subsection 3.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such the Lender resulting from each Loan made by loan of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts the Register pursuant to subsection 10.8(d) and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender the Lenders hereunder and (iii) the amount of any sum received by the Agent hereunder for from the account of the Lenders and each Lender’s share thereofBorrower.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bsubsection 10.8(d) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided PROVIDED, HOWEVER, that the failure of the Agent or any Lender or the Agent to maintain the Register or any such accounts account, or any error therein shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by the Lenders in accordance with the terms of this Agreement.
(e) Any The Borrower agrees that, upon request of any Lender may request that Loans made by it be evidenced by a Note. In such eventthrough the Agent, the Borrower shall prepare, will execute and deliver to such Lender a 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 Agent. Thereafteras applicable, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein Borrower evidencing each of the Loans of such Lender, substantially in the form of EXHIBIT A with appropriate insertions as to date and principal amount (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 Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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: Amendment and Restatement Agreement (Limited Brands Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account outstanding principal balance of each Lender the then unpaid principal amount of each Revolving Loan shall be due and payable on the Maturity Date last day of the Interest Period applicable thereto and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier Applicable Commitment Termination Date; provided, however, that if the Term Loan Conversion has occurred with respect to any Borrower, the outstanding principal balance of the Tranche A Loans outstanding to such Borrower on the Tranche A Commitment Termination Date shall be due and payable on the Term Loan Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Extension of Credit made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan Extension of Credit made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders from each Borrower and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph subsections (b) or and (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower Borrowers to repay the Loans Outstanding Credits in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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 Indebtedness. (a) The outstanding principal balance of each (i) The Borrower Eurodollar Loan shall repay to be due and payable on the Administrative Agent for last day of the ratable account of each Lender the then unpaid principal amount of each Revolving Loan Interest Period applicable thereto and on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline ABR Loan shall be due and payable on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement. Upon the request of any Lender that becomes a party hereto after the date hereof pursuant to a syndication by any Lender that is a party hereto on the date hereof, the Borrower shall provide to such Lender a promissory note, payable to the order of such Lender, evidencing the Commitment of such Lender. The date and amount of each Loan made by such Lender and of each repayment of principal thereof received by such Lender shall be recorded by such Lender on its records, or, at its option, on the schedule attached to such promissory note. The failure to record any such amount on such schedule shall not limit or otherwise affect the obligations of the Borrower hereunder or under such promissory note to repay the principal amount of the Loans together with all interest accruing thereon.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall 2.05 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the outstanding Loans in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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 (Txu Corp /Tx/)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender of the applicable Class the then unpaid principal amount of each Class A Revolving Loan on the Class A Maturity Date and each Class B Revolving Loan on the Class B Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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: Amendment and Restatement Agreement (Limited Brands Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid outstanding principal amount balance of each Revolving Credit Loan made by any Lender shall be due and payable on the Maturity Commitment Termination Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingsuch Lender.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Indebtedness to such Lender resulting from each Loan Extension of Credit made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan Extension of Credit made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph subsections (b) or and (c) of this Section shall above shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the Loans Outstanding Credits in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 of Exhibit E attached hereto or such other form approved by the Agent. Thereafter, Agent and the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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)Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Oncor Electric Delivery Co LLC)
Repayment of Loans; Evidence of Indebtedness. (a) The -------------------------------------------- Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Administrative Agent for the account of each Lender that shall have made any Competitive Loan the then unpaid principal amount of each Swingline Competitive Loan of such Lender on the earlier last day of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingInterest Period applicable to such Loan.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and ----- ----- amounts of the obligations recorded therein; provided that the failure of any -------- Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.048.04) 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 Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (ii) Date, plus a fee equal to the Swingline Lender the then 1.00% of such unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingamount.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Term Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account accounts of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans pay any amounts due hereunder in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 AgentAdministrative Agent and reasonably acceptable to the Borrower. Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Tranche B Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Tranche B Term Loan of such Tranche B Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each Interest Period 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) both the amount of any sum received by the Administrative Agent hereunder for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term Notes”, “Revolving Credit Notes” and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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“Swing Line Notes”).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Revolving Maturity Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iii) to the Administrative Agent for the account of each Term Lender with Term Loans of any Class the then outstandingunpaid principal amount of the Term Loans of such Lender of such Class as provided in the applicable Refinancing Amendment, Loan Modification Agreement or Incremental Facility Amendment.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Lender (i) the then unpaid principal amount of each Revolving Credit Loan on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan in installments or at maturity as set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts in which it the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, and shall record therein (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made by it be evidenced by a Note. In such eventto the Administrative Agent of any Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 Exhibits F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term Notes”, “Revolving Credit Notes” and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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“Swing Line Notes”).
Appears in 1 contract
Samples: First Lien Credit Agreement (Spanish Broadcasting System Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the Swing Line Lender, the appropriate Revolving Credit Lender, the appropriate Term B Loan Lender or the appropriate New Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit 1 Loan of such Revolving Credit Lender on the Maturity Revolving Credit 1 Termination Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Revolving Credit 2 Loan of such Revolving Credit Lender on the earlier Revolving Credit 2 Termination Date, (ii) the then unpaid principal amount of each Swing Line Loan of the Maturity Swing Line Lender on the Revolving Credit 2 Termination Date, (iii) the principal amount of each Term B Loan of such Term B Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term B Loan of such Term B Loan Lender on the Term B Loan Termination Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is (iv) in the event any Series of New Term Loans are made, subject to Section 2.26(e), the principal amount of each New Term Loan of such New Term Loan Lender in such Series on the date set forth in the applicable Joinder Agreement and the then unpaid principal amount of each New Term Loan of such Series on the New Term Loan Termination Date of such Series. The Borrower shall repay all Swingline hereby further agrees to pay interest on the unpaid principal amount of the Loans then outstandingfrom 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 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall 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 thereinin the absence of manifest error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by the Lenders in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any Term B Loans, Revolving Credit 1 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 hereto, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term B Notes”, “Revolving Credit 1 Notes” and its registered assigns“Swing Line Notes”) and or (i) in the case of New Term Loans, a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order note of the payee named therein Borrower substantially in the form of the Term B Notes with such changes as may be necessary or appropriate to reflect the terms and provisions of such New Term Loans (orsuch notes, if such “New Term Notes”), or (ii) in the case of Revolving Credit 2 Loans, a promissory note is a registered noteof the Borrower substantially in the form of the Revolving Credit 1 Notes with such changes as may be necessary or appropriate to reflect the terms and provisions of such Revolving Credit 2 Loans (such notes, to such payee and its registered assigns“Revolving Credit 2 Notes”).
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(e), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement. As between the Borrower, on the one hand, and the Lenders, on the other hand, the Register shall, however, as provided in Section 10.6(d), be conclusive absent manifest error as to the identity of the Person to whom the Borrower owes any Obligations.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 date and principal amount (such Lender notes, respectively, "Term Notes", "Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Notes").
Appears in 1 contract
Samples: Credit Agreement (Osullivan Industries Holdings Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account outstanding principal balance of each Lender the then unpaid principal amount of each Revolving Standby Loan shall be due and payable on the Maturity Date and (ii) to the Swingline Lender the then unpaid Date. The outstanding principal amount balance of each Swingline Offered Rate Loan shall be due and payable on the earlier last day of the Interest Period applicable thereto and, if earlier, on the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall will record (i) the amount of each Standby Loan made hereunder, the Class Type of each Standby Loan made and Type thereof the Interest Period applicable thereto, if any, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of Standby Loans and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. Each Lender shall maintain accounts in which it will record (i) the amount of each Offered Rate Loan made by it hereunder and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Offered Rate Loans and (iii) the amount of any sum received by the Agent it hereunder for the account in respect of the Lenders and each Lender’s share thereofOffered Rate Loans made by it.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall 2.06 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the Loans in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order Each set of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment financial statements delivered pursuant to Section 10.045.20(a) or Section 5.20(b) hereof shall be represented accompanied by one or more promissory notes in such form payable to the order a certificate of a Senior Financial Officer setting forth a listing of the payee named therein (or, if Offered Rate Loans outstanding as of the date of the delivery of such promissory note is a registered note, to certificate identifying for each Offered Rate Loan the aggregate amount thereof and the Lender that holds such payee and its registered assigns)Offered Rate Loan.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lennox International Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay Company hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender Bank the then unpaid principal amount of each Revolving Credit Loan of such Bank on the last day of the Interest Period applicable to such Loan (in the case of any Revolving Credit Loan, subject to the final sentence of Section 2.06) and, in any event, 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower Company to such Lender Bank resulting from each Loan made by such LenderBank, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders Banks and each LenderBank’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.05 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender Bank or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Company to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender Bank may request that the Revolving Credit Loans made by it be evidenced by a NoteRevolving Credit Note duly executed on behalf of the Company, dated the date of this Agreement, payable to such Bank (or, if requested by such Bank, to such Bank or its registered assigns) in a principal amount equal to the Revolving Credit Commitment of such Bank. In such event, the Borrower Company shall prepare, execute and deliver to such Lender a Bank the applicable 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 Agentor Notes. Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.06) be represented by one or more promissory notes Notes in such form payable to the order of the payee named therein (or, if required by such promissory note is a registered notepayee, to such payee and or its registered assigns). Each Bank shall, and is hereby authorized by the Company to, record on the schedule attached to the relevant Note held by such Bank (or on a continuation of such schedule attached to each such Note and made a part thereof) an appropriate notation evidencing the Borrowing Date and amount of each Loan of such Bank, each payment or prepayment (including any deemed repayment pursuant to Section 2.06) of principal of any Loan and the other information provided for on such schedule; provided, however, that the failure of any Bank to make such a notation or any error therein shall not in any manner affect the obligation of the Company to repay the Loans made by such Bank in accordance with the terms of the relevant Note. Upon Payment in Full, each Note or, with respect to any Bank, on the date on which such Bank no longer holds any outstanding Loans or Revolving Credit Commitment, such Bank’s Note(s), shall be automatically deemed of no further force and effect and, upon the request of the Company, shall be promptly returned by the relevant Bank to the Company.
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Lender the then principal amount of each Loan in installments or at maturity as set forth in Section 2.3 (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 each Revolving Loan the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madedates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts in which it the Register pursuant to Section 10.6(e), and a subaccount therein for each Lender, and shall record therein (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made by it be evidenced by a Note. In such eventto the Administrative Agent of any Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 principal amount (the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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“Notes”).
Appears in 1 contract
Samples: Second Lien Term Loan Agreement (Spanish Broadcasting System Inc)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of a particular Class of such Lender on the Revolving Maturity Date of such Class of Revolving Loan (it being understood and agreed that, subject to the other terms and conditions hereof, the Borrower may make Borrowings of Revolving Loans under any remaining Revolving Commitments of any other Class to effect such repayment), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Revolving Maturity Date (applicable to the Class of Revolving Commitments with the Latest Maturity Date held by the Swingline Lender) and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iii) to the Administrative Agent for the account of each FILO Lender the then outstandingunpaid principal amount of each FILO Loan of such Lender on the FILO Maturity Date, and (iv) to the Administrative Agent for the account of each Term Lender the then unpaid principal amount of the Term Loans of each applicable Class on the Term Facility Maturity Date for such Class.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each LenderLxxxxx’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-0, X-0 or A-3, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04(b)) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Capital Trust Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Global Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan of such Lender 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Global Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Global Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Global Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Agentof Exhibit A). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Each Borrower shall repay hereby unconditionally promises to pay to the Canadian Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan and Borrowing of such Lender 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Canadian Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Lender’s Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Canadian Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Canadian Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Global Administrative Agent and the Canadian Administrative Agent). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Canadian Revolving Credit Agreement (Brown Tom Inc /De)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Tranche B Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Tranche B Term Loan of such Tranche B Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each Interest Period 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) both the amount of any sum received by the Administrative Agent hereunder for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided PROVIDED, HOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note 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 F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "TERM NOTES", REVOLVING CREDIT NOTES" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"SWING LINE NOTES").
Appears in 1 contract
Samples: Credit Agreement (Tsi Finance Inc)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving the Loan on the Maturity Date and (ii) to the Swingline of such Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; as provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingin Section 2.07.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Debt of the Borrower to such Lender resulting from each the Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans the Loan made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 attached hereto as Annex F, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.0411.03) 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 Note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: Credit Agreement (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan made 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this AgreementObligations.
(e) Any Lender may request that Loans made by it to Borrower be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note 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 approved by the Agent. attached hereto as Exhibit I. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 1 Term Lender the then unpaid principal amount of the Tranche 1 Term Loan of such Lender as provided in Section 2.10, (ii) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Maturity Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingthat 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 to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 date and principal amount (such Lender notes, respectively, "Term Notes", "Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Note").
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Revolving Maturity Date and Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Revolving Maturity Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iii) to the Administrative Agent for the account of each Tranche 6 Term Lender the then outstandingunpaid principal amount of the Tranche 6 Term Loan of such Lender as provided in Section 2.10 and (iv) to the Administrative Agent for the account of each Other Term Lender with Other Term Loans of any Class the then unpaid principal amount of the Other Term Loans of such Lender of such Class as provided in the applicable Refinancing Amendment or Loan Modification Agreement.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender the appropriate Lender, the then unpaid principal amount of each Revolving the Loan of such Lender, with any remaining unpaid interest, fees and costs, on the Maturity Date and (ii) Termination Date. The Borrower hereby further agrees to pay interest on the Swingline Lender the then unpaid principal amount of each Swingline Loan the Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madedates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.9.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 9.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.3(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any Loans of such Lender (or, if requested by such Lender, substantially in the form of Exhibit F hereto, with appropriate insertions as to date and principal amount (such Lender and its registered assigns) and in a form approved by the Agent. Thereafternotes, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (orrespectively, if such promissory note is a registered note, to such payee and its registered assigns"Notes").
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)
Repayment of Loans; Evidence of Indebtedness. (ia) The Each Borrower shall repay hereby unconditionally promises to pay to the Canadian Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan and Borrowing of such Lender 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Canadian Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Lender's Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Canadian Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Canadian Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Global Administrative Agent and the Canadian Administrative Agent). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (a) The outstanding principal balance of each (i) The Borrower Revolving Credit Loan made by any Lender shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan be due and payable on the Maturity Commitment Termination Date of such Lender and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan shall be due and payable on the earlier of the Maturity Swingline Termination Date and each Friday 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 Day; provided that on each date that a Revolving Borrowing Days after such Swingline Loan 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 of the Borrower Indebtedness to such Lender resulting from each Loan Extension of Credit made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan Extension of Credit made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph subsections (b) or and (c) of this Section shall above shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the Loans Outstanding Credits in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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: Revolving Credit Agreement (Oncor Electric Delivery Co LLC)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8), (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the Revolving Credit Termination Date (or such earlier date on which the Loans become due and payable pursuant to Section 8) and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.3 (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 Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s share thereof. At the request of any Lender, at any time after an amendment, modification or waiver has been circulated by the Administrative Agent (but prior to the effectiveness of such amendment, modification or waiver), the Administrative Agent will provide such Lender with a list of the names of all the Lenders.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 F-1, F-2 or F-3, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, “Term Notes”, Revolving Credit Notes” and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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“Swing Line Notes”).
Appears in 1 contract
Samples: Credit Agreement (Ws Financing Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account outstanding principal balance of each Lender the then unpaid principal amount of Standby Loan and each Revolving Competitive Loan on the Maturity Date shall be due and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan payable on the earlier of the last day of the Interest Period applicable thereto and the Maturity Date and each Friday that is a Business Day; provided that (other than Loans made on each date that a Revolving Borrowing is madeor after the Merger Date to TU, the Borrower outstanding principal balance of which shall repay all Swingline Loans then outstandingbe due and payable on the earlier of the last day of the Interest Period applicable thereto and the TU Post-Merger Maturity Date).
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall will record (i) the amount of each Loan made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders from each Borrower and each Lender’s 's share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall 2.06 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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: 5 Year Competitive Advance and Revolving Credit Facility Agreement (Texas Utilities Electric Co)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Global Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan and Borrowing of such Lender 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 each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingDate.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Global Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Global Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Global Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans made by it be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note promissory notes 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 Global Administrative Agent). Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 10.0410.4) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if any such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Samples: u.s. Revolving Credit Agreement (Brown Tom Inc /De)
Repayment of Loans; Evidence of Indebtedness. (a) The Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Tranche 1 Term Lender the then unpaid principal amount of the Tranche 1 Term Loan of such Lender as provided in Section 2.10, (ii) to the Administrative Agent for the account of each Revolving Lender the then unpaid principal amount of each Revolving Loan of such Lender on the Maturity Date and Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date, (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of (A) the Maturity Xxxxxxxxx/Xxxxxxx 0 Xxxx Xxxxxxxx Date and each Friday (B) the date that is a Business Dayseven days after the date on which such Swingline Loan was made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans that were outstanding on the date such Borrowing was requested, (iv) to the Administrative Agent for the account of each Tranche 2 Term Lender the then outstandingunpaid principal amount of the Tranche 2 Term Loan of such Lender as provided in Section 2.10, (v) to the Administrative Agent for the account of each Tranche 3 Term Lender the then unpaid principal amount of the Tranche 3 Term Loan of such Lender as provided in Section 2.10 and (vi) to the Administrative Agent for the account of each Other Term Lender with Other Term Loans of any Class the then unpaid principal amount of the Other Term Loans of such Lender of such Class as provided in the applicable Refinancing Amendment or Loan Modification Agreement.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period 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 for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) Any Lender may request that Loans of any Class made by it be evidenced by a Notepromissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 the form attached hereto as Exhibit A-1 or A-2, as applicable, or in such other form approved by the AgentAdministrative Agent and the Borrower. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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 (Rite Aid Corp)
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender Term Lender, in quarterly installments on the then unpaid last Business Day of each March, June, September and December, commencing with the first full quarter after the ClosingAmendment and Restatement Date, a principal amount in respect of the Term Loans equal to 0.25% of the original principal amount of each Revolving Loan the Term Loans with the final installment on the Maturity Date and (ii) equal to the Swingline Lender the then unpaid principal remaining outstanding amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstandingTerm Loans.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
(e) . Any Lender may request that Loans made by it be evidenced by a Term Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Term 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 Agent. Thereafter, the Loans evidenced by such Term Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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 Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each Lender (whether made to the Borrower or the Additional Borrower) (i) unless such Bridge Loan is converted to a Rollover Loan in accordance with subsection 2.01(b), the principal amount of the Bridge Loan of such Lender on the Bridge Loan Maturity Date, (ii) unless such Rollover Loan is exchanged for Exchange Notes in accordance with subsection 2.01(c), the principal amount of the Rollover Loan of such Lender on the Final Maturity Date or (iii) the then unpaid principal amount of each Revolving the Bridge Loan or Rollover Loan of such Lender on the date that the Loans become due and payable pursuant to Article VII. The Additional Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender (i) unless such Bridge Loan is converted to a Rollover Loan in accordance with subsection 2.01(b), the principal amount of the Bridge Loan borrowed by the Additional Borrower on the Bridge Loan Maturity Date and Date, (ii) to unless such Rollover Loan is exchanged for Exchange Notes in accordance with subsection 2.01(c), the Swingline Lender principal amount of the Rollover Loan borrowed by the Additional Borrower on the Final Maturity Date or (iii) the then unpaid principal amount of each Swingline the Bridge Loan or Rollover Loan, as applicable, borrowed by the Additional Borrower on the earlier date that the Loans become due and payable pursuant to Article VII. The Borrowers hereby further agree to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding.dates set forth in Section 2.13
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the respective indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(c) The Administrative Agent shall maintain accounts the Register pursuant to subsection 9.04(b), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Bridge Loan made hereunder, (ii) the Class and Type thereof and the Interest Period applicable theretoprincipal amount of each Bridge Loan converted into Rollover Loans, (iiiii) the principal amount of each Rollover Loan exchanged for Exchange Notes, (iv) the amount of any principal or interest due and payable or to become due and payable from the Borrower or the Additional Borrower to each Lender hereunder and (iiiv) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence existence, type and amounts of the obligations recorded thereinof the Borrower or the Additional Borrower therein recorded; provided that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation respective obligations of the Borrower or the Additional Borrower to repay the their respective Loans and pay interest thereon in accordance with the terms of this Agreement.
(e) Any Lender may The Borrowers agree that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepareBorrowers will, as applicable, each execute and deliver to such Lender (i) with respect to any Bridge Loan made to such Borrower, a Note payable promissory note of such Borrower evidencing the Loan of such Lender, substantially in the form of Exhibit B with appropriate insertions as to date and principal amount (a “Bridge Note”) and (ii) with respect to any Rollover Loan made to such Borrower, a promissory note of such Borrower evidencing the order Loan of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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“Rollover Note”).
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. (ia) The Borrower shall repay hereby unconditionally promises to pay to the Administrative Agent for the ratable account of each the appropriate Revolving Credit Lender or Term Loan Lender, as the case may be, (i) the then unpaid principal amount of each Revolving Credit Loan of such Revolving Credit Lender on the Maturity Date and Revolving Credit Termination Date, (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Swing Line Loan of such Swing Line Lender on the earlier Revolving Credit Termination Date, and (iii) the principal amount of each Term Loan of such Term Loan Lender in installments according to the amortization schedule set forth in Section 2.2 and the then unpaid principal amount of each Term Loan of such Term Loan Lender on the Term Loan Termination Date. The Borrower hereby further agrees to pay interest on the unpaid principal amount of the Maturity Date Loans from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and each Friday that is a Business Day; provided that on each date that a Revolving Borrowing is madethe dates, the Borrower shall repay all Swingline Loans then outstandingset forth in Section 2.15.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by of such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent Administrative Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 10.6(d), and a subaccount therein for each Lender, in which it shall record be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Class and Type thereof and the each 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 for from the account of the Lenders Borrower and each Lender’s 's share thereof.
(d) The entries made in the Register and the accounts of each Lender maintained pursuant to paragraph (bSection 2.8(b) or (c) of this Section shall shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereinof the Borrower therein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to such Borrower by such Lender in accordance with the terms of this Agreement.
(e) Any Lender may The Borrower agrees that, upon the request that Loans made to the Administrative Agent by it be evidenced by a Note. In such eventany Lender, the Borrower shall prepare, will execute and deliver to such Lender a Note payable to promissory note of the order Borrower evidencing any 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 hereto, respectively, with appropriate insertions as to date and principal amount (such Lender notes, respectively, "Term Notes", Revolving Credit Notes" and its registered assigns) and in a form approved by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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"Swing Line Notes").
Appears in 1 contract
Repayment of Loans; Evidence of Indebtedness. Each Borrower hereby unconditionally promises to pay (i) The Borrower shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Maturity Date in the currency of such Loan and (ii) in the case of the Company, to the Swingline Lender Lenders the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and each Friday that the 20th Business Day after the date such Swingline Loan is a Business Daymade; provided that on each date that a Revolving Borrowing is made, the Borrower Company shall repay all Swingline Loans then outstanding and the proceeds of any such Borrowing shall be applied by the Administrative Agent to repay any Swingline Loans outstanding.
(ba) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(cb) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof.
(dc) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement.
(ed) Any Lender may request that Loans made by it to any Borrower be evidenced by a Notepromissory note. In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a 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 AgentAdministrative Agent and the Company. Thereafter, the Loans evidenced by such Note promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.049.04) 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: Multicurrency Credit Agreement (Briggs & Stratton Corp)
Repayment of Loans; Evidence of Indebtedness. (a) The outstanding principal balance of each (i) The Borrower Eurodollar Loan shall repay to the Administrative Agent for the ratable account of each Lender the then unpaid principal amount of each Revolving Loan be due and payable on the Maturity last day of the Interest Period applicable thereto and on the Commitment Termi- nation Date, (ii) Revolving Credit Loan that is an ABR Loan shall be due and payable on the Commitment Termination Date and (iiiii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan shall be due and payable on the earlier of the Maturity Swingline Termination Date and each Friday 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 Day; provided that on each date that a Revolving Borrowing Days after such Swingline Loan 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 of the Borrower Indebtedness to such Lender resulting from each Loan Extension of Credit made by such LenderLender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderunder this Agreement.
(c) The Agent shall maintain accounts in which it shall will record (i) the amount of each Loan Extension of Credit made hereunder, the Class and Type thereof of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Agent hereunder for from the account of the Lenders Borrower and each Lender’s share thereof.
(d) The entries made in the accounts maintained pursuant to paragraph subsections (b) or and (c) of this Section shall above shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the Loans Outstanding Credits in accordance with the terms of this Agreementtheir terms.
(e) Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a 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 Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 10.04) 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).
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Samples: Revolving Credit Agreement (Oncor Electric Delivery Co LLC)