Repayment of the Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to repay in full the outstanding principal amount of the Loan to the Lender on the Maturity Date, together in each case with accrued and unpaid interest on the principal amount to be paid to but excluding the date of such payment; and together with any other Obligations due and owing under this Agreement and the other Loan Documents. For the avoidance of doubt, amounts paid or prepaid in respect of the Loan may not be reborrowed.
(b) The Lender shall maintain an account or accounts evidencing the indebtedness of the Borrower to the Lender resulting from the Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(c) The entries made in the accounts maintained pursuant to clause (b) of this Section 2.02 shall be prima facie evidence of the existence and amounts of the Obligations recorded therein (absent manifest error); provided that the failure of the Lender to maintain such accounts or any manifest error therein shall not in any manner affect the obligation of the Borrower to repay the Loan and/or any other Obligations in accordance with the terms of this Agreement and the other Loan Documents.
(d) The Loan shall be evidenced by a Promissory Note. In furtherance of the foregoing, the Borrower shall prepare, execute and deliver to the Lender a Promissory Note payable to the Lender; it being understood and agreed that the Lender shall be required to return such Promissory Note to the Borrower for cancellation upon the Termination Date. If the Lender loses the original copy of its Promissory Note, it shall execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory to the Borrower. The obligation of the Lender to execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory to the Borrower shall survive the Termination Date.
Repayment of the Loan; Evidence of Debt. (a) The Company hereby unconditionally promises to pay to the Lender the then unpaid principal amount of the Loan in accordance with the terms hereof and the Note. The Company hereby further agrees to pay interest on the unpaid principal amount of the Loan from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.06.
(b) The Lender shall maintain a Register (the "Register") in which shall be recorded (i) the amount of the Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Company to the Lender hereunder and (iii) the amount of any sum received by the Lender hereunder from the Company.
(c) The entries made in the Register to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Company therein recorded; provided, however, that the failure of the Lender to maintain the Register, or any error therein, shall not in any manner affect the obligation of the Company to repay (with applicable interest) the Loan made to the Company by the Lender in accordance with the terms of this Agreement.
(d) The Company agrees that, upon the request of the Lender, the Company will execute and deliver to the Lender the Note evidencing the Loan, with appropriate insertions as to date and principal amount.
Repayment of the Loan; Evidence of Debt. (a) To the extent not previously paid, any unpaid portion of the Loan, together with all accrued and unpaid interest thereon, shall be paid in full in cash by the Borrower on the Maturity Date, without premium or penalty.
(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 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 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 paragraph (b) or (c) of this Section shall, absent manifest error, 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 Loan in accordance with the terms of this Agreement.
Repayment of the Loan; Evidence of Debt. (a) Borrower hereby unconditionally promises to pay to the Administrative Agent for the account of each Lender the then unpaid principal amount of the Loan owed by Borrower on the Maturity Date. All payments or repayments of the Loan made pursuant to this Section 2.07(a) shall be made in Dollars.
(b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of Borrower to such Lender resulting from 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 Administrative Agent shall maintain accounts in which it shall record (i) the amount of the Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from 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 Borrower to repay the Loan in accordance with the terms of this Agreement.
(e) Any Lender may request that the Loan made by it be evidenced by a promissory note. In such event, Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender and substantially in the form of with respect to the Loan, in the form of a term loan note attached hereto as Exhibit C (each such note, a “Note”). Thereafter, the Loan evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 8.04) 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).
Repayment of the Loan; Evidence of Debt. (a) Bxxxxxxx’s Obligations under the Revolving Credit Note shall be non-cancelable, absolute and unconditional under all circumstances.
(b) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Obligations of the Borrower to the Lender resulting from each loan, including the amounts of principal and interest payable and paid to the Lender from time to time under this Agreement.
Repayment of the Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to pay to the Lender the then unpaid principal amount of the Loan made to the Borrower on the Maturity Date in Dollars.
(b) The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the Lender resulting from the Loan made by the Lender, including the amounts of principal and interest payable and paid to the Lender from time to time hereunder.
(c) The entries made in the accounts maintained pursuant to clause (b) of this Section 2.08 shall be prima facie evidence of the existence and amounts of the obligations recorded therein absent manifest error; provided that the failure of the Lender to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loan in accordance with the terms of this Agreement.
Repayment of the Loan; Evidence of Debt. Each Borrower hereby jointly and severally, and unconditionally promises to pay to the Lender the then unpaid principal amount of the Loan, interest thereon and all other Obligations in accordance with the terms hereof, the terms of the Note, and the terms of the other Credit Documents, as applicable; and each of the undersigned is primarily liable for all such Obligations as co-maker; and neither is merely an "accommodation party." Each Borrower hereby waives all defenses based upon the status of an accommodation party. Each Borrower hereby further agrees, jointly and severally and unconditionally, to pay interest on the unpaid principal amount of the Loan from time to time outstanding from the date hereof until payment in full thereof at the rates per annum, and on the dates, set forth in Section 2.06. The Lender shall maintain a Register (the "Register") in which shall be recorded (i) the amount of the Loan made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from Borrowers to the Lender hereunder and (iii) the amount of any sum received by the Lender hereunder from Borrowers. The entries made in the Register to the extent permitted by applicable law, shall be PRIMA FACIE evidence of the existence and amounts of the obligations of Borrowers therein recorded; PROVIDED, HOWEVER that the failure of the Lender to maintain the Register, or any error therein, shall not in any manner affect the obligation of Borrowers to repay (with applicable interest) the Loan made to Borrowers by the Lender in accordance with the terms of this Agreement.
Repayment of the Loan; Evidence of Debt. (a) Borrower hereby unconditionally promises to pay to Lender, on the Maturity Date, the then unpaid principal amount of the Loan, together with interest thereon to (but excluding) the date of repayment and any other amounts due and owing under the Loan Documents.
(b) Amounts prepaid or repaid on the Loan may not be reborrowed.
Repayment of the Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to repay to Lender all Obligations outstanding hereunder when due.
(b) The Borrower shall pay interest on the outstanding principal amount of the Loan from the date the Loan is made until the principal amount thereof is paid in full, at the Interest Rate and pursuant to the other terms and provisions set forth herein.
(c) The Lender shall maintain an account evidencing the indebtedness of the Borrower to the Lender resulting from the Loan, including the amounts of principal and interest payable and paid to the Lender hereunder.
Repayment of the Loan; Evidence of Debt. (a) Effective upon the Borrowing Date, the Borrower hereby unconditionally promises to pay to the Lender on the Termination Date the aggregate principal amount of the Loan made to the Borrower outstanding on such date.
(b) The Loan and all payments thereon shall be evidenced by the Lender’s loan accounts and records; provided, however, that upon the request of the Lender, the Loan made by the Lender may be evidenced by a promissory note in the form of Exhibit A hereto (a “Note”) in addition to such loan accounts and records. Such loan accounts, records and any Note shall, to the extent not inconsistent with the Register, be conclusive absent manifest error of the amount of the Loan, the currency thereof and payments thereon. Any failure to record the Loan or any error in doing so shall not limit or otherwise affect the obligation of the Borrower to pay any amount owing with respect to the Loan.
