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

Repayment of Term Loan; Evidence of Debt. (a) The outstanding principal amount of the Term Loan shall be repayable on the following dates and in the following amounts set forth opposite such dates: ; provided, however, that the last such installment shall be in the amount necessary to repay in full the unpaid principal amount of the Term Loan. The outstanding unpaid principal amount of the Term Loan, and all accrued and unpaid interest thereon, shall be due and payable on the earliest of (i) the Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the terms of this Agreement. (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 the Term 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 the Term Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the 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 ‎Section 2.03(b) or ‎Section 2.03(c) shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that (i) 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 Term Loan in accordance with the terms of this Agreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to ‎Section 2.03(b) and the accounts maintained pursuant to ‎Section 2.03(c), the accounts maintained pursuant to ‎Section 2.03(c) shall govern and control. (e) Any Lender may request that the portion of the Term Loan made by it be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in the form of Exhibit F. Thereafter, the portion of the Term Loan evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to ‎Section 12.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Repayment of Term Loan; Evidence of Debt. (a) The outstanding principal amount ---------------------------------------- Borrower hereby unconditionally promises to pay to the Administrative Agent for the benefit of the Term Loan shall be repayable on the following dates and in the following amounts set forth opposite such dates: ; provided, however, that the last such installment shall be each Lender consecutive monthly installments in the amount necessary to repay of $733,333.00 each, in full reduction of the unpaid principal amount balance of the Term Loan. , commencing on the third anniversary of the Effective Date, September 11, 2000, and on each Interest Payment Date thereafter through and including the Interest Payment Date immediately preceding the Maturity Date. (b) The outstanding Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of the Term Loan, and together with all interest accrued and unpaid interest thereonand all other sums then unpaid hereunder and under any other Transaction Document, shall be due and payable on the earliest of (i) the Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the terms of this AgreementDate. (bc) 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 the portion of the Term Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the portion and amount of the Term Loan made by each Lender hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. (de) The entries made in the accounts maintained pursuant to ‎Section 2.03(bparagraph (c) or ‎Section 2.03(c(d) of this Section shall be prima facie evidence of the existence and ----- ----- amounts of the obligations recorded therein; provided that (i) 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 Term Loan in accordance with the terms of this Agreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to ‎Section 2.03(b) and the accounts maintained pursuant to ‎Section 2.03(c), the accounts maintained pursuant to ‎Section 2.03(c) shall govern and controlAgreement. (ef) Any Lender may The Borrower shall from time to time, at the request that the portion of the Term Loan made by it be evidenced by a promissory note. In such eventAdministrative Agent, the Borrower shall prepare, execute and deliver to such each Lender a promissory note Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) ), in the form principal amount of Exhibit F. Thereafter, the portion of the Term Loan evidenced by each such promissory note and interest thereon shall at all times (including after assignment pursuant to ‎Section 12.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns)Lender's Commitment.

Repayment of Term Loan; Evidence of Debt. (a) The outstanding principal amount of the Term Loan shall be repayable on (including the following dates and in the following amounts set forth opposite such dates: ; provided, however, that the last such installment shall be in the amount necessary to repay in full the unpaid principal amount of the outstanding Term Loan. The outstanding unpaid principal amount of the Term Loan, Loan PIK Amount) and all accrued and unpaid interest thereon, under the Term Loan (including the Term Loan PIK Amount) shall be due and payable repayable in full on the earliest of (i) the Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the terms of this AgreementDate. (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 the Term 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 the Term Loan made hereunder, (ii) the amount of any principal or and 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 ‎Section 2.03(bparagraph (b) or ‎Section 2.03(c(c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that (i) 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 Term Loan in accordance with the terms of this Agreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to ‎Section 2.03(b) and the accounts maintained pursuant to ‎Section 2.03(c), the accounts maintained pursuant to ‎Section 2.03(c) shall govern and controlAgreement. (e) Any Lender may request that the portion of the Term Loan made by it be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form furnished by the form of Exhibit F. Agent and reasonably acceptable to the Borrower. Thereafter, the portion of the Term Loan evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to ‎Section Section 12.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Repayment of Term Loan; Evidence of Debt. (a) The outstanding principal amount of the Term Loan shall be repayable on the following dates and in the following amounts set forth opposite such dates: ; provided, however, that the last such installment shall be in the amount necessary to repay repaid in full the unpaid principal amount of the Term Loan. The outstanding unpaid principal amount of the Term Loan, and all accrued and unpaid interest thereon, shall be due and payable on the earliest of (i) the Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the terms of this AgreementDate. (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 the portion of the Term 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 the Term Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the 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 ‎Section 2.03(bparagraph (c) or ‎Section 2.03(c(d) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that (i) 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 Term Loan in accordance with the terms of this Agreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to ‎Section 2.03(b) and the accounts maintained pursuant to ‎Section 2.03(c), the accounts maintained pursuant to ‎Section 2.03(c) shall govern and controlAgreement. (e) Any Lender may request that the portion of the Term Loan made by it be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form furnished by the form of Exhibit F. Agent and reasonably acceptable to the Borrower. Thereafter, the portion of the Term Loan evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to ‎Section 12.07Section 9.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Repayment of Term Loan; Evidence of Debt. (a) The outstanding principal amount of the Term Loan shall be repayable in consecutive quarterly installments, on the following dates last day of each March, June, September and December commencing on March 31, 2005 and ending on the Final Maturity Date, consisting of (i) twelve (12) installments, each in the following amounts set forth opposite such dates: an amount equal to $1,750,000, followed by (ii) one (1) installment, in an amount equal to $104,000,000; provided, however, that the last such installment shall be in the amount necessary to repay in full the unpaid principal amount of the Term Loan. The outstanding unpaid principal amount of the Term LoanLoan shall, and in all accrued and unpaid interest thereonevents, shall be due and payable repaid in full on the earliest of (i) the Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the terms of this AgreementDate. (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 the Term 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 the Term Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the 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 ‎Section 2.03(bsubsections (b) or ‎Section 2.03(c(c) of this Section 2.03 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that (i) 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 Term Loan in accordance with the terms of this Agreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to ‎Section 2.03(b) and the accounts maintained pursuant to ‎Section 2.03(c), the accounts maintained pursuant to ‎Section 2.03(c) shall govern and controlAgreement. (e) Any Lender may request that the portion of the Term Loan made by it be evidenced by a promissory note. In such event, the Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form furnished by the form of Exhibit F. Collateral Agent and reasonably acceptable to the Borrower. Thereafter, the portion of the Term Loan evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to ‎Section Section 12.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Repayment of Term Loan; Evidence of Debt. (a) The outstanding principal amount Borrower shall repay the entire Unpaid Principal Amount of the Term Loan shall be repayable on the following dates and in the following amounts set forth opposite such dates: ; provided, however, that the last such installment shall be in the amount necessary to repay in full the unpaid principal amount of the Term Loan. The outstanding unpaid principal amount of the Term Loan, and all accrued and unpaid interest thereon, shall be due and payable on the earliest of (i) the Final Maturity Date and (ii) the date on which the Term Loan is declared due and payable pursuant to the terms of this AgreementTermination Date. (b) Each The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such the Lender resulting from the Term Loan made by such Lenderfrom time to time, including and reflecting the amounts of principal and interest payable and paid to such the Lender from time to time hereunderunder this Agreement. (c) The Administrative Agent Lender shall maintain accounts in which it shall will record (i) the amount of the Term Loan made hereundermade, (ii) the amount of any principal or interest due and payable or to become due and payable from by the Borrower to each the Lender hereunder and (iii) the amount of any sum received by the Administrative Agent Lender hereunder for from the account of the Lenders and each Lender’s share thereofBorrower. (d) The entries made in the accounts maintained pursuant to ‎Section 2.03(bparagraphs (b) or ‎Section 2.03(cand (c) shall of this Section 2.3 shall, to the extent permitted by applicable law, be ----------- prima facie evidence of the existence and amounts of the obligations recorded therein; provided provided, however, that (i) the failure of any the 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 Term Loan in accordance with the terms of this Agreement and (ii) in the event of any conflict between the entries made in the accounts maintained pursuant to ‎Section 2.03(b) and the accounts maintained pursuant to ‎Section 2.03(c), the accounts maintained pursuant to ‎Section 2.03(c) shall govern and controlits terms. (e) Any Lender may request that the portion Notwithstanding any other provision of the Term Loan made by it be evidenced by a promissory note. In such eventthis Agreement, the Borrower shall will promptly execute and deliver to such Lender a promissory note payable to the order Lender evidencing the Term Loan, of such Lender (or, if requested by such the Lender, to such Lender and its registered assigns) substantially in the form of Exhibit F. ThereafterA, and the portion of the Term Loan interests --------- initially evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to ‎Section 12.07of all or part of such interests) be represented evidenced 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 or its registered assigns).