Substitution of Notes. Simultaneously with the delivery by Agent to Borrower of any Note which is the subject of a Loan Assignment which is marked "canceled," Borrower shall execute and deliver to Agent for delivery to (i) the applicable Assignee, a Note payable to the order of such Assignee in an amount equal to the amount assigned to such Assignee, and (ii) the assigning Lender, a Note payable to the order of such Lender in an amount equal to the amount retained by such Lender, each such Note to be substantially in the form of the canceled Note.
Substitution of Notes. If the Trust shall have been dissolved and liquidated prior to the Purchase Contract Settlement Date, the Securities Intermediary shall transfer to the Collateral Agent Notes having a Value equal to the liquidation amount of the Pledged Preferred Securities for credit to the Collateral Account. Upon credit to the Collateral Account of such Notes, the Collateral Agent shall release the Pledged Preferred Securities from the Collateral Account and shall promptly transfer the same to the Trust.]
Substitution of Notes. Upon receipt by the Company of evidence satisfactory to it of the loss, theft, destruction, or mutilation of any Note, and of indemnity satisfactory to it (which, in the case of any original purchaser of the Notes, shall be a contractual obligation of such purchaser) and upon surrender, at the office or agency maintained in accordance with Section 8 hereof, and cancellation of any Note, if mutilated, the Company will execute and deliver a new Note of like tenor, in lieu of such Note, dated the most recent date to which interest on such Note shall have been paid.
Substitution of Notes. 46 9.1.5 Inspections.......................................................... 46 9.2 Participations............................................................ 46
Substitution of Notes. 51 9.1.5 Inspections..........................................................................................52 9.2 Participations............................................................................................52 9.3 Set Off and Sharing of Payments...........................................................................52 9.4
Substitution of Notes. Simultaneously with the delivery by any Lender to Borrower of any Note which is the subject of a Loan Assignment and which is marked "cancelled," Borrower shall execute and deliver to such Lender for delivery to (i) the Assignee to which such Loan Assignment is made, a promissory note payable to the order of such Assignee in an amount equal to the amount assigned to such Assignee, and (ii) such Lender making such Loan Assignment, a promissory note payable to the order of such assigning Lender in an amount equal to the amount retained by such Lender, each such Note to be substantially in the form of the canceled Note.
Substitution of Notes. (a) Concurrently with the execution of this Amendment, Borrower shall execute a promissory note in the form attached hereto as Exhibit A (the "New Revolving Credit Note"), which shall renew, restate and extend, and shall not extinguish, the entire unpaid principal balance of the Revolving Credit Note. Upon delivery to Lender of the New Revolving Credit Note duly executed by Borrower, Lender shall deliver the New Revolving Credit Note as collateral to Foothill Capital Corporation ("Foothill"), and request Foothill to cancel the current Revolving Credit Note, and the New Revolving Credit Note shall become the Revolving Credit Note, as such term is defined in the Credit Agreement.
(b) Concurrently with the execution of this Amendment, Borrower shall execute a promissory note in the form attached hereto as Exhibit B (the "New Term Loan Note"), which shall renew, restate and extend, and shall not extinguish, the entire unpaid principal balance of the Term Loan Note. Upon delivery to Lender of the New Term Loan Note duly executed by Borrower, Lender shall deliver the New Term Loan Note as collateral to Foothill Capital Corporation ("Foothill"), and request Foothill to cancel the current Term Loan Note, and the New Term Loan Note shall become the Term Loan Note, as such term is defined in the Credit Agreement.
Substitution of Notes. Upon each assignment by a Lender of a portion of its Pro Rata Share of the Loan, Borrower shall execute replacements Notes in favor of the assigning Lender and its assignee, which replacement Notes shall be in the amounts that are equal to the assigning Lender's and its assignee's respective Pro Rata Shares of the Loan. Such replacement Notes shall be delivered to the assigning Lender and its assignee upon delivery to Borrower of the original Note that has been so replaced, with each such replaced Note marked "Replaced."
Substitution of Notes. 55 --------------------- 9.1.5 Inspections...........................................................................56 ----------- 9.2 Participations.................................................................................56 -------------- 9.3 Set Off and Sharing of Payments................................................................56 ------------------------------- 9.4 Appointment of Agent...........................................................................56 -------------------- 9.5 Delegation of Duties...........................................................................56 -------------------- 9.6 Nature of Duties; Independent Credit Investigation.............................................57 -------------------------------------------------- 9.7 Instructions from Lenders......................................................................57 ------------------------- 9.8 Exculpatory Provisions.........................................................................57 ---------------------- 9.9 Reimbursement and Indemnification by Lenders of Agent..........................................57 ----------------------------------------------------- 9.10 Reliance by Agent..............................................................................58 ----------------- 9.11 Notice of Default..............................................................................58 ----------------- 9.12 Release of Collateral..........................................................................58 --------------------- 9.13 Lenders in Their Individual Capacities.........................................................58 -------------------------------------- 9.14 Holders of Notes...............................................................................58 ---------------- 9.15 Successor Agent................................................................................58 --------------- 9.16 Delivery of Information........................................................................59 ----------------------- 9.17 Beneficiaries..................................................................................59 -------------
Substitution of Notes. Upon the effectiveness of Section 1 hereof, on and after the date hereof, each reference in the Credit Agreement to "this Credit Agreement," "hereunder," "hereof," "herein" or words of like import shall mean and be a reference to the Credit Agreement as amended hereby.
