The Notes Generally. Each Note shall bear interest from the date thereof on the unpaid principal balance thereof at the applicable interest rate or rates per annum determined as provided in Section 2.10 and shall be stated to mature on the Maturity Date. The following information shall be recorded by each Lender on its books and, prior to any transfer of any such Notes, endorsed by such Lender on the schedule attached thereto or any continuation thereof: (i) the date and amount of each Loan; (ii) its character as an ABR Advance, a Eurodollar Advance or a combination thereof; (iii) the interest rate and Interest Period applicable to Eurodollar Advances; and (iv) each payment and prepayment of the principal thereof; provided that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower to make payment when due of any amount owing under the Loan Documents.
The Notes Generally. Each Note shall bear interest from the date thereof on the unpaid principal balance thereof at the applicable interest rate or rates per annum determined as provided in Section 2.9 and shall be stated to mature on the Maturity Date. The following information shall be recorded by each Lender on its books: (i) the date and amount of the Loan of such Lender; (ii) its character as a Prime Rate Loan, a LIBOR Loan or a combination thereof; (iii) the interest rate and Interest Period applicable to LIBOR Loans; and (iv) each payment and prepayment of the principal thereof; provided, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower to make payment when due of any amount owing under the Loan Documents.
The Notes Generally. (a) The Aggregate Note Principal Balance that may be authenticated and delivered under this Indenture is limited to $275,000,000, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.05 and 2.07 below. Such Aggregate Note Principal Balance shall be divided among two Classes having the respective Class designations, initial Class Principal Balances, Note Rates and Scheduled Final Payment Dates as follows: Class A-1 $ 58,000,000 4.2584 % February 27, 2012 Class A-2 $ 217,000,000 4.7708 % February 27, 2012
(b) Each Note of a particular Class shall rank pari passu with each other Note of such Class and be equally and ratably secured by the Collateral. All Notes of a particular Class shall be substantially identical except as to denominations and as expressly permitted in this Indenture.
(c) This Indenture and the Mortgages shall evidence a continuing lien on and security interest in the Collateral Granted hereunder and thereunder to secure the full payment of the principal, interest and other amounts on all the Notes and all amounts owed to the Insurer, which shall in all respects be equally and ratably secured hereby for payment as provided herein, and without preference, priority or distinction on account of the actual time or times of the authentication and delivery of the Notes of any Class.
The Notes Generally. Each Note shall bear interest from the date thereof on the unpaid principal balance thereof at the applicable interest rate or rates per annum determined as provided in Section 2.9 and shall be stated to mature on the Maturity Date. The following information shall be recorded by each Lender on its books and, prior to any transfer of any such Notes, endorsed by such Lender on the schedule attached thereto or any continuation thereof: (i) the date and amount of each Revolving Credit Loan of such Lender made as a Conventional Advance; (ii) its character as an ABR Advance, a Eurodollar Advance or a combination thereof; (iii) the interest rate and Interest Period applicable to Eurodollar Advances; and (iv) each payment and prepayment of the principal thereof; provided, that the failure of such Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower to make payment when due of any amount owing under the Loan Documents.
The Notes Generally. (a) The aggregate Note Principal Balance of the Notes that may be authenticated and delivered under this Indenture is limited to $75,000,000, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.05 and 2.06 below.
(b) Each Note shall rank pari passu with each other Note and be equally and ratably secured by the Trust Estate. All Notes shall be substantially identical except as to denominations and as expressly permitted in this Indenture.
(c) This Indenture shall evidence a continuing lien on and security interest in the Trust Estate to secure the full payment of the principal, interest and other amounts on all the Notes, which (except as otherwise expressly provided herein) shall in all respects be equally and ratably secured hereby without preference, priority or distinction on account of the actual time or times of the authentication and delivery of such Notes.
The Notes Generally. Each Note shall bear interest from the date thereof on the unpaid principal balance thereof at the applicable interest rate or rates per annum determined as provided in Section 2.9 and shall be stated to mature on the
The Notes Generally. (a) Each Note shall rank pari passu with each other Note and be equally and ratably secured by the Collateral included in the Collateral Pool. All Notes shall be substantially identical except as to denominations and as expressly permitted in this Indenture.
(b) This Indenture, together with the related Mortgages, shall evidence a continuing lien on and security interest in the Collateral Granted hereunder or subsequently included in the Collateral Pool to secure the full payment of the principal, interest and other amounts on the Notes, which shall in all respects be equally and ratably secured hereby for payment as provided herein, and without preference, priority or distinction on account of the actual time or times of the authentication and delivery of the Notes, all in accordance with the terms and provisions of this Indenture.
(c) The issuance of the Notes shall be subject to the satisfaction of the following conditions:
(i) receipt by the Indenture Trustee of the Issuer Order authorizing the execution and authentication of the Notes;
(ii) receipt by the Indenture Trustee of the Transaction Documents duly executed and delivered by the parties thereto and being in full force and effect, free of any breach or waiver;
(iii) all Mortgage Loan Files with respect to the Collateral Pool, as set forth herein, shall have been delivered to the Indenture Trustee or a custodian on its behalf together with all UCC Financing Statements, documents of similar import in other jurisdictions, and other documents reasonably necessary to perfect the Indenture Trustee’s security interest in such Collateral for the benefit of the Noteholders;
(iv) receipt by the Indenture Trustee of Opinions of Counsel relating to (1) corporate and enforceability matters, as well as securities law matters, reasonably acceptable to the Underwriter and its counsel and (2) the creation and perfection of the Indenture Trustee’s security interest;
(v) the Issuer has delivered a certificate of the Issuer to the Indenture Trustee, dated the Closing Date, to the effect that the Issuer is solvent; and
(vi) receipt by the Indenture Trustee of an Officer’s Certificate from the Issuer, upon which the Indenture Trustee shall be permitted to fully rely and shall not have any liability for so relying, stating that the conditions precedent to such issuance have been fulfilled.
The Notes Generally. (a) The aggregate Note Principal Balance of the Notes that may be authenticated and delivered under this Indenture is limited to $180,000,000, except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.05 and 2.06 below. Such aggregate Note Principal Balance shall be issued in one Class having the Class designation and initial Note Principal Balance as follows: CLASS INITIAL DESIGNATION NOTE PRINCIPAL BALANCE ----------- ----------------------
(b) Each Note shall rank pari passu with each other Note and be equally and ratably secured by the Collateral. All Notes shall be substantially identical except as to denominations and as expressly permitted in this Indenture.
The Notes Generally. (a) The Aggregate Note Balance of the Class A Notes that may be authenticated and delivered under this Indenture (except for Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other Notes pursuant to Sections 2.04 and 2.05 below) is $8,000,000. The Final Maturity Date for the Notes is the Payment Date in October 2011.
(b) Each Note of the same Class shall rank pari passu with each other Note of the same Class and, subject to Section 2.09(e), be equally and ratably secured by the Trust Estate. All Notes of the same Class shall be substantially identical except as to denominations and as expressly permitted in this Indenture.
(c) This Indenture shall evidence a continuing lien on and security interest in the Trust Estate to secure the full payment of the principal, interest and other amounts on the Notes which shall in all respects be equally and ratably secured hereby without preference, priority or distinction on account of the actual time or times of the authentication and delivery of the Notes.
The Notes Generally. Each Note shall bear interest from the date thereof on the unpaid principal balance thereof at the applicable interest rate or rates per annum determined as provided in Section 2.9 and shall be stated to mature on the Maturity Date. The following information shall be recorded by each Lender on its books: (i) the date and amount of each Loan of such Lender; (ii) its character as a Prime Rate Loan, a LIBOR Loan or a
