Common use of Return of Notes Clause in Contracts

Return of Notes. In the event of (i) any termination in full by the Initial Borrower or CSF of all rights with respect to the Commitment in accordance Section 2.6(a)(i) or 2.6(a)(ii), as applicable or (ii) the delivery of any new Note in replacement of a previously issued Note, the applicable Lender shall return to the Borrower any Notes previously issued to it relating to such terminated Commitment or replaced Note, as applicable and such Notes shall be marked “cancelled.” In the event that any Lender does not return its applicable Note or Notes as described in this Section 9.20 within forty-five (45) days after the written request of Borrower, Borrower shall be entitled to receive a lost note affidavit from such Lender including customary indemnifications reasonably satisfactory to Borrower with respect to the applicable unreturned Note or Notes.

Appears in 5 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

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