The Loan and the Note. The obligation of Borrower to repay the unpaid principal amount of and interest on the Loan shall be evidenced by the Note. Lender may, and is hereby authorized by Borrower to, endorse on a grid annexed to the Note appropriate notations regarding the Loan; provided, however, that the failure to make, or an error in making, any such notation shall not limit or otherwise affect the obligations of Borrower hereunder or under the Note.
The Loan and the Note. The obligation of Borrower to repay the unpaid principal amount of and interest on the Loan shall be evidenced by a Note issued to Lender.
The Loan and the Note. Lender agrees, on the terms and conditions of this Agreement, to make the Loan, and Borrower agrees to accept the Loan, in the principal amount equal to ONE HUNDRED SEVENTY MILLION AND 00/100 DOLLARS ($170,000,000.00), and to repay the Loan in accordance with this Agreement, the Note and the other Loan Documents. The Note evidences the indebtedness of Borrower under the Loan.
The Loan and the Note. (a) Lender agrees, on the terms and conditions of this Agreement, to advance the Term Loan, and Borrower agrees to accept the entire principal amount of the Term Loan, in the amount of THIRTY TWO MILLION THREE HUNDRED TWO THOUSAND TWO HUNDRED EIGHTY FIVE AND 00/100 DOLLARS ($32,302,285.00), and to repay the Term Loan in accordance with this Agreement, the Term Loan Note and the other Term Loan Documents. The Term Loan Note evidences the indebtedness of Borrower under the Term Loan. Borrower acknowledges and agrees that the entire principal amount of the Term Loan was advanced by Lender and received by Borrower on the date of this Agreement and that the Term Loan is fully funded in the stated principal amount thereof.
(b) Lender agrees, on the terms and conditions of this Agreement, to make advances of proceeds from the Building Loan (each, a “Building Loan Advance”), and Borrower agrees to accept Building Loan Advances, in the maximum, aggregate principal amount of up to ONE HUNDRED TWENTY EIGHT MILLION ONE HUNDRED NINETY SEVEN THOUSAND EIGHT HUNDRED SEVENTY EIGHT AND 00/100 DOLLARS ($128,197,878.00) and to repay the Building Loan in accordance with this Agreement, the Building Loan Agreement, the Building Loan Notes and the other Building Loan Documents. All Building Loan Advances shall be made upon the terms and conditions set forth in Article 3. The Building Loan Note evidences the indebtedness of Borrower under the Building Loan.
(c) Lender agrees, on the terms and conditions of this Agreement, to make advances of proceeds from the Project Loan (each, a “Project Loan Advance”), and Borrower agrees to accept Project Loan Advances, in the maximum, aggregate principal amount of up to TWENTY EIGHT MILLION NINE HUNDRED NINETY NINE THOUSAND EIGHT HUNDRED THIRTY SEVEN AND 00/100 DOLLARS ($28,999,837.00) and to repay the Project Loan in accordance with this Agreement, the Project Loan Agreement, the Project Loan Note and the other Project Loan Documents. All Project Loan Advances shall be made upon the terms and conditions set forth in Article 3. The Project Loan Note evidences the indebtedness of Borrower under the Project Loan.
(d) The maximum, aggregate principal amount of the Loan shall not exceed ONE HUNDRED EIGHTY-NINE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($189,500,000.00) (the “Maximum Loan Amount”), which Loan shall be evidenced by the Term Loan Note, the Building Loan Note and the Project Loan Note.
(e) For the avoidance of doubt, the outs...
The Loan and the Note. The Purchaser hereby agrees to lend to the Company, on the date hereof, and on the terms of and conditions hereof, up to an aggregate principal amount of **** (the "Loan"). The Loan made to the Company by the Purchaser shall be evidenced by a secured promissory note in substantially the form attached hereto as Exhibit A (the "Note").
The Loan and the Note. The obligation of Borrower to repay the unpaid principal amount of and interest on the Loan made under this Agreement shall be evidenced by a single promissory note in favor of Lender in the form of Exhibit C attached hereto, duly completed, executed and delivered to Lender dated on or about the Funding Date for the Loan and made payable to Lender. Borrower hereby authorizes Lender to record on the Note or on its internal computerized records, the principal amount of the Loan and of each payment of principal received by Lender on account of the Loan, which recordance, in the absence of manifest error, shall be conclusive as to the outstanding principal balance of the Loan; provided that, the failure to make such recordation with respect to the Loan or payment shall not limit or otherwise affect the obligations of the Borrower under this Agreement, the Note or the other Loan Documents.
The Loan and the Note. The Line of Credit shall be evidenced by the Promissory Note to be issued by the Borrowers to the Lender in substantially the form attached hereto as Exhibit A (as the same may be amended, modified or supplemented from time to time in accordance with the terms hereof and together with each replacement thereof, a "Note"), the principal and unpaid interest of which, and all unpaid fees and other sums of any nature due under or in connection with which (to the extent not due and payable before), shall be due and payable on the Maturity Date.
The Loan and the Note. The Original Loan Amount was funded to Borrower in accordance with the terms of the Original Loan Agreement and remains outstanding as of the date hereof. Lender agrees, on the terms and conditions of this Agreement, to increase the principal amount of the Loan available to Borrower, and Borrower agrees to accept the entire aggregate principal amount of the Loan, in the amount of THIRTY MILLION TWO HUNDRED SEVENTY THOUSAND SEVEN HUNDRED EIGHTY NINE AND 73/100 DOLLARS ($30,270,789.73), and to repay the Loan in accordance with this Agreement, the Note and the other Loan Documents. The Note evidences the indebtedness of Borrower under the Loan. Borrower acknowledges and agrees that the entire increased principal amount of the Loan was advanced by Lender and received by Borrower on the date of this Agreement and that the Loan is fully funded in the stated principal amount thereof.
The Loan and the Note. The Purchaser hereby agrees to lend to the Company, on the date hereof, and on the terms of and conditions hereof, up to an aggregate principal amount of $3,000,000 (the "Loan"). The Loan made to the Company by the Purchaser shall be evidenced by a secured promissory note in substantially the form attached hereto as Exhibit A (the "Note").
The Loan and the Note. Lender agrees, on the terms and conditions of this Agreement, to make the Loan, and Borrower agrees to accept the Loan, in the principal amount of SIXTY-SIX MILLION AND 00/100 DOLLARS ($66,000,000.00), and to repay the Loan in accordance with this Agreement, the Note and the other Loan Documents. The Note evidences the indebtedness of Borrower under the Loan. No portion of the Loan will be funded (initially or through participation, assignment, transfer or securitization of the Loan) with plan assets (as defined in the Plan Assets Regulation) of any plan covered by ERISA or Section 4975 of the IRS Code if it would cause any Loan Party to incur any prohibited transaction excise tax penalties under Section 4975 of the IRS Code.
