Restated Notes. Prudential shall have received the Series A Notes, the Series B Notes, the Series C Notes and the Series D Notes, as contemplated by paragraphs 2A(2), 2A(3), 2A(4) and 2A(5) hereof, duly executed and delivered by the Company.
Restated Notes. Upon its receipt of an Assignment and Acceptance executed by the parties to such assignment, together with the Note subject to such assignment, the Administrative Agent shall (a) record the information contained therein in the Register, and (b) give prompt notice thereof to the Borrower and the Banks (other than the assigning Bank). Within five (5) Business Days after receipt of such notice, the Borrower and the Canadian Borrower, if applicable, at their own expense, shall execute and deliver to the Administrative Agent, in exchange for the surrendered Note, a restated Note to the order of such Eligible Assignee in an amount equal to the amount assumed by such Eligible Assignee pursuant to such Assignment and Acceptance and a restated Note to the order of the assigning Bank in an amount equal to the amount retained by it hereunder, if any. Such restated Notes shall provide that they are replacements for the surrendered Note, shall be in an aggregate principal amount equal to the aggregate principal amount of the surrendered Note, shall be dated the effective date of such Assignment and Acceptance and shall otherwise be in substantially the form of the assigned Note. Within five (5) days of issuance of any restated Note pursuant to this Section 18.4, the Borrower and the Canadian Borrower, if applicable, shall deliver an opinion of counsel, addressed to the Banks and the Agents, relating to the due authorization, execution and delivery of such restated Notes and the legality, validity and binding effect thereof, in form and substance satisfactory to the Banks. The surrendered Note shall be cancelled and returned to the Borrower.
Restated Notes. (a) The Term Loan made by each Bank shall be evidenced by a single joint and several promissory note of the Borrowers in substantially the form of Exhibit A-1 annexed hereto (each, a "RESTATED TERM NOTE" and, collectively, the "RESTATED TERM NOTES"). Each Restated Term Note shall be dated the date hereof, shall be payable to the order of such Bank in a principal amount equal to such Bank's Term Commitment, and shall otherwise be duly completed. The Restated Term Notes shall be subject to repayment as provided in Section 2.1 and 2.6 hereof.
(b) The Credit Loans made by each Bank shall be evidenced by a single joint and several promissory note of the Borrowers in substantially the form of Exhibit A-2 hereto (each, a "RESTATED CREDIT NOTE" and collectively, the "RESTATED CREDIT NOTES"; the Term Notes and the Credit Notes are hereinafter sometimes referred to individually as a "RESTATED NOTE" and collectively as the "RESTATED NOTES"). Each Restated Credit Note shall be dated the date hereof, shall be payable to the order of such Bank in a principal amount equal to such Bank's Revolving Credit Commitment as originally in effect, and shall otherwise be duly completed. The Restated Credit Notes shall be payable as provided in Sections 2.1 and 2.6 hereof.
(c) Each Bank shall enter on a schedule with respect to its Restated Note(s) a notation with respect to each Loan made hereunder of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. The failure of any Bank to make a notation on any such schedule as aforesaid shall not limit or otherwise affect the joint and several obligation of the Borrowers to repay the Loans in accordance with their respective terms as set forth herein.
(d) Each Bank shall, upon receipt from the Borrowers of a Restated Term Note or Restated Credit Note, as the case may be, mark xxxh "Note" held by it pursuant to the Original Loan Agreement, "Replaced by Restated Note" and return such Note(s) as so marked to the Borrowers.
Restated Notes. In connection with the modification of the Credit Agreement described herein, the Borrower shall execute and deliver to each of the Banks a separate amended and restated promissory note in substantially the form of Exhibit A hereto, dated as of the date hereof and completed with appropriate insertions, which notes shall be the "Notes" described in the Credit Agreement. One Note shall be payable to the order of each Bank in the principal amount equal to such Bank's Commitment, except as provided in this Amendment with respect to the Note payable to FNBB.
Restated Notes. The Company shall prepay on November 26, 2002, $9,375,000 in principal amount of the Restated Notes at par; provided that upon any partial prepayment of the Restated Notes pursuant to Section 8.2 or 8.3 or purchase of Restated Notes pursuant to Section 8.6, the principal amount of such required prepayment shall be reduced in the same proportion as the aggregate unpaid principal amount of the Restated Notes is reduced as a result of such prepayment or purchase pursuant to Sections 8.2, 8.3 or 8.6. Except as set forth in Section 8.2, the Restated Notes may not be prepaid prior to maturity at the option of the Obligors.
Restated Notes. Concurrently with the execution of this Agreement, Borrower shall execute and deliver to Bank a Restated Promissory Note (Facility I) in the form attached hereto as Exhibit B and a Restated Promissory Note (Facility II) in the form attached hereto as Exhibit C (the "Restated Notes"). The Restated Notes amend and restate the Facility I Note and the Facility II Note. To the extent of any inconsistencies between the provisions of the Restated Notes and this Agreement or any other Loan Documents, the provisions of the Restated Notes shall control.
Restated Notes. The Borrowers shall have executed and delivered to the order of the Banks, in care of the Agent, the promissory notes in the form attached hereto as Exhibit F (the "Restated Notes"). The Restated Notes shall represent a modification of the Prior Note and Replacement Notes previously issued pursuant to the Original Loan Agreement, as amended, and shall be issued to the order of each Bank in a principal amount equal to the amount of its proportionate share of the Maximum Bank Commitment. The Restated Notes, as a whole, shall represent the Maximum Bank Commitment. The Indebtedness outstanding under the Original Loan Agreement, as amended, immediately before the issuance of the Restated Notes (the "Existing Indebtedness") shall not be extinguished by the issuance of the Restated Notes, rather it shall remain outstanding and be evidenced by the Restated Notes. All payments hereafter made on the Credit shall be applied first to indebtedness advanced after the Effective Date then to the Existing Indebtedness.
Restated Notes. The Restated Notes issued pursuant hereto in exchange for the Original Notes shall evidence the principal amounts of all Restated Notes hereunder, and the date and principal amount of each purchase and sale of Restated Notes to Purchasers by Company, as well as each payment, Prepayment Premium, if any, made on account of the principal thereof, and in each case the resulting aggregate unpaid principal balance thereof, shall be recorded by each Purchaser on its books; provided, that failure by Purchaser to make any such recordation shall not affect the obligations of Company hereunder or under such Restated Note. Such recordation by each Purchaser shall be conclusive and binding for all purposes in the absence of manifest error.
Restated Notes. The Borrowers shall have executed and delivered to the Administrative Agent (for further delivery to each Lender requesting same) an amended and restated Unsecured Facility note reflecting such Lender’s increased Unsecured Facility Commitment.
Restated Notes
