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

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 Commitment of each Lender shall terminate on the date that is five (5) Business Days after the Effective Date if the Closing Date has not occurred on or before such date. (b) The Borrower hereby unconditionally promises to repay in full pay to the outstanding Administrative Agent for the account of each Lender the then unpaid 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. (bc) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the such Lender resulting from the Loan made by the such Lender, including the amounts of principal and interest payable and paid to the such Lender from time to time hereunder. (cd) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of the Loan made hereunder, the 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. (e) The entries made in the accounts maintained pursuant to clause Section 2.06(c) and (bd) of this Section 2.02 shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Lender Administrative Agent to maintain such accounts or any manifest error or conflict 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 DocumentsAgreement. (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 Borrower hereby unconditionally promises to repay in full pay to the outstanding Lenders the then unpaid principal amount of the Loan to the Lender on the Maturity Date, together in each case with accrued and unpaid . The Borrower hereby further agrees to pay to the Lenders interest on the unpaid 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 reborrowedfrom time to time outstanding until payment in full thereof at the rates per annum and in the manner set forth in Section 3.3 hereof. The method of payment for all amounts payable pursuant to this Section 2.3 is set forth in Section 3.4 hereof and, in the case of the Non-Contributed Loan, in the Administrative Letter. (b) The Each Lender shall maintain an account or accounts evidencing the indebtedness of the Borrower to the such Lender resulting from the Loan made by the Lenderhereunder, including (i) the amounts original principal of such indebtedness, (ii) the unpaid principal amount of and any accrued and unpaid interest payable outstanding in respect of such indebtedness and paid (iii) the amount of any sum received by such Lender hereunder from the Borrower in respect of such indebtedness and the manner in which it was applied. Pursuant to the Lender from time Administrative Letter, the Administrative Agent agrees to time hereundermaintain the Register in respect of the Non-Contributed Loan in accordance with Section 9.6 hereof. (c) The entries made in the Register and the accounts of the Lenders maintained pursuant to clause (bSection 2.3(b) of this Section 2.02 shall hereof shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the Obligations recorded obligations of the Borrower therein (absent manifest error)recorded; provided provided, however, that the failure of any Lender or the Lender Administrative Agent to maintain such accounts account or the Register, or any manifest error therein therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loan and/or any other Obligations in accordance with the terms of this Agreement and the other Loan DocumentsAgreement. (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 Borrower hereby unconditionally promises to repay in full pay to the outstanding Administrative Agent for the account of each Lender the then unpaid principal amount of the Loan to the Lender owed by Borrower 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 All payments or prepaid in respect repayments of the Loan may not made pursuant to this Section 2.07(a) shall be reborrowedmade in Dollars. (b) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the such Lender resulting from the Loan made by the such Lender, including the amounts of principal and interest payable and paid to the 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 clause paragraph (b) or (c) of this Section 2.02 2.07 shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Lender Administrative Agent 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 DocumentsAgreement. (de) The Any Lender may request that the Loan shall made by it be evidenced by a Promissory Notepromissory note. In furtherance of the foregoingsuch event, the Borrower shall prepare, execute and deliver to the such Lender a Promissory Note promissory note payable to the Lender; it being understood order of such Lender and agreed that substantially in the Lender shall be required to return such Promissory Note form of with respect to the Borrower for cancellation upon Loan, in the Termination Dateform of a term loan note attached hereto as Exhibit C (each such note, a “Term Loan Note”). If Thereafter, the Lender loses the original copy of its Promissory Note, it Loan evidenced by such promissory note and interest thereon shall execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory 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 Borrower. The obligation order of the Lender payee named therein (or, if such promissory note is a registered note, to execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory to the Borrower shall survive the Termination Datesuch payee and its registered assigns).

Repayment of the Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to repay in full pay to the outstanding Administrative Agent for the account of each Lender the then unpaid 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 Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the such Lender resulting from the Loan made by the such Lender, including the amounts of principal and interest payable and paid to the 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 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 clause paragraph (b) or (c) of this Section 2.02 2.04 shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Lender Administrative Agent 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 DocumentsAgreement. (de) 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 or Notes payable to the order of each Lender (or, if requested by such Lender; it being understood , to such Lender and agreed that its registered assigns) and in a form approved by the Lender Administrative Agent. The Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be required to return represented by one or more promissory notes in such Promissory Note form payable 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 order of the Lender payee named therein (or, if such promissory note is a registered note, to execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory to the Borrower shall survive the Termination Datesuch payee and its registered assigns).

Repayment of the Loan; Evidence of Debt. (a) The Borrower hereby unconditionally promises to repay in full pay to the outstanding Administrative Agent for the account of each Lender the then unpaid principal amount of the Loan to owed by the Lender Borrower 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 All payments or prepaid in respect repayments of the Loan may not made pursuant to this Section 2.07(a) shall be reborrowedmade in Dollars. (b) The Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the such Lender resulting from the Loan made by the such Lender, including the amounts of principal and interest payable and paid to the 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 clause paragraph (b) or (c) of this Section 2.02 2.07 shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein (absent manifest error)therein; provided that the failure of any Lender or the Lender Administrative Agent 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 DocumentsAgreement. (de) The Any Lender may request that the Loan shall made by it be evidenced by a Promissory Notepromissory note. In furtherance of the foregoingsuch event, the Borrower shall prepare, execute and deliver to the such Lender a Promissory Note promissory note payable to the Lender; it being understood order of such Lender and agreed that substantially in the Lender shall be required to return such Promissory Note form of with respect to the Borrower for cancellation upon Loan, in the Termination Dateform of a term loan note attached hereto as Exhibit C (each such note, a “Term Loan Note”). If Thereafter, the Lender loses the original copy of its Promissory Note, it Loan evidenced by such promissory note and interest thereon shall execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory 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 Borrower. The obligation order of the Lender payee named therein (or, if such promissory note is a registered note, to execute an affidavit of loss containing an indemnification provision that is reasonably satisfactory to the Borrower shall survive the Termination Datesuch payee and its registered assigns).