Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 3 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 G attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 3 contracts
Samples: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Fresh Foods Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s 's Pro Rata Share of the Revolving Credit Committed Amount and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s 's Pro Rata Share of the Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 2 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The If so requested by a Lender (on or at any time after the Closing Date), the obligations of the Borrowers to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being payable shall be issued to the order of each Existing Lender that so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made to any Borrower by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender that has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereofthereof by each Borrower. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender's request to be issued a Revolving Note shall not, in any manner, diminish the Borrowers' obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrowers.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and --------------- to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 E-1 ----------- attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie ----- ----- evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The If so requested by a Lender (at or at any after the Closing Date), the obligations of the Borrowers to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrowers’ obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrowers.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 G-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining theretothereon, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The If so requested by a Lender (at or at any after the Closing Date), the obligations of Borrower to repay the Revolving Loans Loan Advances to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender that so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing shall represent the joint and several obligations of CBI Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Borrower irrevocably authorizes each Existing Lender that has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans Loan Advances and Agent Advances and repayments thereof. The outstanding amount of the Revolving Loans Loan Advances set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender's request to be issued a Revolving Note shall not, in any manner, diminish Borrower's obligation to repay the Revolving Loan Advances made by such Lender, together with all other amounts owing to such Lender by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Anchor Funding Services, Inc.)
Revolving Notes. The If so requested by a Lender (at or at any time after the Funding Date), the obligations of the Borrower to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Subject to Sections 2.5, 13.8 and 14.5(e), the Borrower irrevocably authorizes each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrower’s obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrower.
Appears in 1 contract
Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Revolving Notes. The If so requested by a Lender (at or at any time after the Closing Date), the obligations of the Borrower to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note and its registered assigns, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Subject to Sections 2.5, 13.8 and 14.5(e), the Borrower irrevocably authorizes each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrower’s obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrower.
Appears in 1 contract
Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Revolving Notes. The If requested by any Lender, the obligations to repay the Revolving Loans made by it and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing such Revolving Lender in substantially the form of Exhibit C-1 EXHIBIT G-1 attached hereto (the “Revolving Notes”"REVOLVING NOTES"), with appropriate insertions, one Revolving Note being payable to the order of each Existing requesting Revolving Lender in a principal amount equal to such Existing Revolving Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrower to pay such Existing Revolving Lender the amount of such Existing Revolving Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Revolving Lender hereunder, plus interest accrued thereon, as set forth herein; PROVIDED that the decision of any Lender not to request a Revolving Loan Note shall in no way detract from the Borrower's obligation to repay the Revolving Loans and other amounts owing by the Borrower to such Lender. CBI The Borrower irrevocably authorizes each Existing Revolving Lender that holds a Revolving Loan Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Revolving Lender’s 's Revolving Note or record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Existing Revolving Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving --------------- Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 ----------- attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The If so requested by a Lender (at or at any time after the Closing Date), the obligations of the Borrower to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Subject to Sections 2.5, 13.8 and 14.5(e), the Borrower irrevocably authorizes each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrower’s obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrower.
Appears in 1 contract
Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Revolving Notes. The obligations to repay the Revolving Loans and --------------- to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 attached hereto ----------- (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof ----------- owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)