Term Note C Sample Clauses

Term Note C. Section 4.01(d) is replaced with the following:
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Term Note C. Term Loan C made by LaSalle under Term ----------- Loan Commitment C is evidenced by Term Note C, payable to the order of LaSalle in the original principal amount of EIGHT MILLION EIGHT HUNDRED THOUSAND DOLLARS ($8,800,000). The unpaid principal amount of Term Loan C shall bear interest and be due and payable as provided in this Agreement and Term Note C. Payments to be made by K-V to LaSalle under Term Note C shall be made at the time, in the amounts and upon the terms set forth herein and therein.
Term Note C. Borrower shall evidence Term Loan C by executing and delivering to Bank Borrower’s note being in the form and substance of Exhibit E to this Agreement.
Term Note C. The obligation of Borrower to repay Term Loan C shall be evidenced by Term Note C executed by Borrower, payable to the order of Bank, in the principal amount of the Term Loan C Commitment, and dated as of July 31, 2000.
Term Note C. Term Note C shall be funded by a single Advance on the date of this Agreement. Unless sooner accelerated or otherwise due as provided herein or in Term Note C, the unpaid principal balance of Term Note C shall be repaid in 48 monthly installments, the first 47 of which shall be in the amount of $73,500 each, commencing November 1, 1998 and continuing on the same day of each successive month thereafter up to and including September 1, 2002; on October 1, 2002, the 48th and final principal payment shall be due and payable in an amount equal to the greater of $45,500 or the unpaid principal balance of Term Note C. Commencing on May 15, 1999 and thereafter on each November 15 and May 15 (such dates referred to as "SWEEP DATES"), the Borrower shall make a principal payment under Term Note C (herein referred to as the "CASH FLOW SWEEP PAYMENT") in an amount equal to the lesser of: (i) 50% of the Available Cash Flow for the six-month period ending on September 30 (in the case of the November 15 Sweep Date) and for the six-month period ending on March 31 (in the case of the May 15 Sweep Date) or (ii) the remaining unpaid principal balance of Term Note C payments in inverse order of maturity. No prepayment premium shall be payable with respect to any of the preceding required prepayments so made by the Borrower. Notwithstanding any payment provisions above, the entire unpaid principal balance of all Term Notes shall be due and payable in full at the earliest to occur of (i) on the date the Revolving Credit Note becomes due and payable, whether by acceleration or otherwise, (ii) when accelerated by its terms or by the terms of this Agreement or any other loan documents, or (iii) on the scheduled last payment date, whichever occurs first. Interest on each of the Term Notes shall be computed and paid in accordance with Section 4. A final installment of all outstanding principal PLUS accrued interest shall be due and payable at maturity, whether by acceleration, or otherwise.
Term Note C. Term Loan C shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit J-3 hereto (each a "Term Note C"), dated the Amendment Closing Date and completed with appropriate insertions. One Term Note C shall be payable to the order of each Bank listed on Schedule 1(13) in a principal amount equal to such Bank's Term Loan C Aggregate Amount and representing the joint and several obligation of the Borrowers to pay to such Bank such principal amount or, if less, the outstanding amount of such Bank's Term Loan C Commitment Percentage of Term Loan C, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Bank to make or cause to be made a notation on such Bank's Term Note Record reflecting the original principal amount of such Bank's Term Loan C Commitment Percentage of Term Loan C and, at or about the time of such Bank's receipt of any principal payment on such Bank's Term Note C an appropriate notation on such Bank's Term Note Record reflecting such payment. The aggregate unpaid amount set forth on such Bank's Term Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Bank, but the failure to record, or any error in so recording, any such amount on such Bank's Term Note Record shall not affect the obligations of the Borrowers hereunder or under any Term Note C to make payments of principal of and interest on any Term Note C when due. (e) Section 4.3.1 (Term Loan A) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Term Note C. Subject to the provisions of SECTION 2.5 below, Term Note C shall bear interest on the outstanding principal balance from and after May 1, 2000 and from time to time outstanding, under Term Note C at a rate equal to the lesser of (a) the Maximum Legal Rate, or (b) the Prime Rate plus one and one-half percent (1 1/2%) per annum until the Term Note C Maturity Date, and after the Term Note C Maturity Date, at the Past Due rate. Term Note C shall continue to be payable in monthly installments of $8,977.78 each, beginning March 1, 2000 and payable on the first day of each succeeding calendar month beginning March 1, 2000 until Term Note C (including all accrued interest thereon) has been fully paid and satisfied; provided, that on the Term Note C Maturity Date, all principal of Term Note C and all accrued unpaid interest thereon shall be finally due and payable. Accrued interest on Term Note C shall be due and payable concurrently with and in addition to the principal installments provided for herein above. Without notice to the Borrower, or any other Person, the rate of interest applicable to Term Note C shall change as and when the Prime Rate changes.
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Term Note C. Borrower shall execute and deliver to Agent on behalf of each Lender a promissory note substantially in the form of EXHIBIT C attached hereto and made a part hereof (such promissory note together with any new notes issued pursuant to SECTION 13.3.2 upon the assignment of any portion of any Lender's Term Loan C Advance, being hereinafter referred to collectively as the "Term Notes C" and each of such promissory notes being hereinafter referred to individually as a "Term Note C"), to evidence such Lender's Term Loan C Advance to Borrower, in original principal amounts equal to the amount of such Lender's Term Loan C Commitment. Each Term Note C shall provide for payment of the Term Loan C Advance evidenced thereby as specified in SECTION 4.3 hereof.

Related to Term Note C

  • Term Notes The Term Loan made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. At the request of any Lender, Borrowers shall deliver a Term Note to such Lender.

  • Term Note The Term Loan shall be evidenced by the Term Note. At the time of the disbursement of the Term Loan or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of the Term Loan advanced hereunder, (ii) any accrued and unpaid interest owing on the Term Loan and (iii) all amounts repaid on the Term Loan. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the joint and several obligations of the Borrowers under the Term Note to repay the principal amount of the Term Loan, together with all interest accruing thereon.

  • Revolving Notes The Revolving Loans made by each Lender shall be evidenced by a duly executed promissory note of the Borrower to such Lender in an original principal amount equal to such Lender's Revolving Commitment Percentage of the Revolving Committed Amount and in substantially the form of Exhibit 2.1(e).

  • Demand Note Draw If on any Determination Date, the Administrator determines that the Principal Deficit Amount on the next succeeding Payment Date (after giving effect to the withdrawal from the Series 2009-1 Reserve Account on such Payment Date pursuant to clause (i) of this Section 3.5(b) of this Series Supplement and any drawings on the Series 2009-1 Letters of Credit on such Payment Date pursuant to clause (ii) of this Section 3.5(b)) will be greater than zero, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Payment Date, the Administrator shall instruct the Trustee in writing (and provide the requisite information to the Trustee) to deliver a demand notice substantially in the form of Exhibit G-1 (each a “Demand Notice”) on Hertz for payment under the Series 2009-1 Demand Note in an amount equal to the lesser of (i) the Principal Deficit Amount less the amount to be deposited in the Series 2009-1 Distribution Account in accordance with clauses (i) and/or (ii) of this Section 3.5(b) of this Series Supplement and (ii) the principal amount of the Series 2009-1 Demand Note. The Trustee shall, prior to 12:00 noon (New York City time) on the second Business Day preceding such Payment Date, deliver such Demand Notice to Hertz; provided, however, that if an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereto, without the lapse of a period of 60 consecutive days) with respect to Hertz shall have occurred and be continuing, the Trustee shall not be required to deliver such Demand Notice to Hertz. The Trustee shall cause the proceeds of any demand on the Series 2009-1 Demand Note to be deposited into the Series 2009-1 Distribution Account, and such proceeds shall be treated as Principal Collections.

  • Term Loan Notes If so requested by any Lender by written notice to Borrower (with a copy to Administrative Agent) at least two (2) Business Days prior to the Closing Date, or at any time thereafter, Borrower shall execute and deliver to such Lender (and/or, if applicable and if so specified in such notice, to any Person who is an assignee of such Lender pursuant to Section 10.6) on the Closing Date (or, if such notice is delivered after the Closing Date, promptly after Borrower’s receipt of such notice) a Term Loan Note or Term Loan Notes to evidence such Lender’s Term Loans to such Borrower.

  • Revolving Note The Revolving Loans made by each Lender shall, in addition to this Agreement, also be evidenced by a promissory note of the Borrower substantially in the form of Exhibit K (each a “Revolving Note”), payable to the order of such Lender in a principal amount equal to the amount of its Commitment as originally in effect and otherwise duly completed.

  • Term Loan Facility (a) On the Closing Date, upon the terms and conditions set forth in this Agreement and in reliance upon the representations and warranties of the Borrower herein set forth, each Term Loan Lender severally agrees to make a Term Loan to the Borrower in the full amount of such Term Loan Lender’s Term Loan Commitment. The Term Loan Commitments shall terminate upon the advance of the Term Loans in the full amount of the Aggregate Term Loan Commitment, and Term Loans that are repaid may not be reborrowed. (b) Term Loans hereunder shall be made ratably by the several Term Loan Lenders in accordance with their respective Term Loan Pro Rata Shares. (c) All Term Loan Obligations shall be due and payable by the Borrower on the Term Loan Maturity Date unless such Term Loan Obligations shall sooner become due and payable pursuant to Section 8.01 or as otherwise provided in this Agreement. (d) Each Borrowing under the Term Loan Facility shall be in an amount not less than One Million Dollars ($1,000,000) for a Borrowing consisting of LIBOR Loans and Five Hundred Thousand Dollars ($500,000) in the case of a Borrowing consisting of ABR Loans and, in either case, if in excess of the specified amount, in integral multiples of One Hundred Thousand Dollars ($100,000). Each Borrowing under the Term Loan Facility shall consist of a Term Loan made by each Term Loan Lender in the proportion of its Term Loan Pro Rata Share. On such terms and conditions, Term Loans may be outstanding as ABR Loans or LIBOR Loans. Each type of Term Loan shall be made and maintained at the applicable Term Loan Lender’s Lending Office for such type of Loan. The failure of any Term Loan Lender to make any requested Term Loan to be made by it on the date specified for such Term Loan shall not relieve any other Term Loan Lender of its obligation (if any) to make such Term Loan on such date, but no Term Loan Lender (or other Lender) shall be responsible for the failure of any other Term Loan Lender to make such Term Loan to be made by such other Term Loan Lender.

  • Loan Facility Upon a request by the Borrower pursuant to Section 2.02, and on the terms and subject to the conditions hereinafter set forth, the Conduit Lenders, ratably, in accordance with the aggregate of the Commitments of the Related Committed Lenders with respect to each such Conduit Lender, severally and not jointly, may, in their sole discretion, make Loans to the Borrower on a revolving basis, and if and to the extent any Conduit Lender does not make any such requested Loan or if any Group does not include a Conduit Lender, the Related Committed Lender(s) for such Conduit Lender or the Committed Lender for such Group, as the case may be, shall, ratably in accordance with their respective Commitments, severally and not jointly, make such Loans to the Borrower, in either case, from time to time during the period from the Closing Date to the Termination Date. Under no circumstances shall any Lender be obligated to make any such Loan if, after giving effect to such Loan: (i) the Aggregate Capital would exceed the Facility Limit at such time; (ii) the sum of (A) the Capital of such Lender, plus (B) the aggregate outstanding Capital of each other Lender in its Group, would exceed the Group Commitment of such Lender’s Group; (iii) if such Lender is a Committed Lender, the aggregate outstanding Capital of such Committed Lender would exceed its Commitment; or (iv) the Aggregate Capital would exceed the Borrowing Base at such time.

  • Term Loan Advances Subject to Section 2.3(b), the principal amount outstanding for each Term Loan Advance shall accrue interest at a floating per annum rate equal to one percent (1.0%) above the Prime Rate, which interest shall be payable monthly in accordance with Section 2.3(d) below.

  • Promissory Note The Promissory Note is enclosed. The Chief Financial Officer is required to sign it and return it to the OPWC Loan Officer, Xxxxx XxXxxx. It is preferable that you scan and email it to her at Xxxxx.XxXxxx@xxx.xxxxx.xx.xx but may also mail it to the address on our letterhead. Only use one method.

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