Common use of The Revolving Credit Notes Clause in Contracts

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the Revolving Credit Notes. A Revolving Credit Note shall be payable to the order of each Lender in an aggregate principal amount equal to such Lender's Revolving Credit Commitment. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit Notes, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Acquisition LTD Partnership)

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The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of EXHIBIT A hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, PLUS interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence PRIMA FACIE evidence, absent manifest error, of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of EXHIBIT A-1 hereto (each a "Revolving Credit NotesNote") dated as of the Closing Date (or such other date on which a Person may become a party hereto in accordance with ss.18 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Revolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Revolving Credit Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record record shall in the absence of manifest error be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations obligation of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Nationsrent Inc), Revolving Credit and Term Loan Agreement (Nationsrent Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the Revolving Credit Notes. A Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in an aggregate principal amount equal to such Lender's ’s Revolving Credit Commitment. The Borrowers irrevocably authorize each Revolving Credit Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's ’s Revolving Credit Notes, an appropriate notation on such Lender's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's ’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's ’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Revolving Credit Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Life Storage Lp), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit E hereto (each a “Revolving Credit NotesNote”), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit Commitment’s Commitment to make Loans or, if less, the outstanding amount of all Loans made by such Lender, plus interest and other amounts accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's ’s Revolving Credit NotesNote, an appropriate notation on such Lender's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Lender's ’s Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's ’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Credit Agreement (Seacastle Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a “Revolving Credit NotesNote”), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence evidence, absent manifest error, of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of EXHIBIT B hereto (each a "Revolving Credit Note" and collectively, the "Revolving Credit Notes"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of ExhibitA hereto (each a “Revolving Credit NotesNote”), dated as of the Effective Date (or such other date on which a Lender may become a party hereto in accordance with §16 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's ’s Commitment in respect of Revolving Credit CommitmentLoans or, if less, the outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's ’s Revolving Credit NotesNote, an appropriate notation on such Lender's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's ’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's ’s Revolving Credit Note Record shall not limit or otherwise affect the joint and several obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of EXHIBIT B-1 or EXHIBIT B-2 hereto, as applicable (each a "Revolving Credit NotesNote"), dated as of the Effective Date (or other such date on which a Bank may become a party hereto in accordance with Section 19 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Republic Engineered Steels Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of EXHIBIT B hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Peregrine Systems Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with (S)15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lifeline Systems Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit C hereto (each a "Revolving Credit NotesNote"), dated as of the Closing --------- Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Acquisition Loan Agreement (Jackson Products Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence evidence, absent manifest error, of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Coach Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by promissory notes of the Borrowers in substantially the form of Exhibit A-1 hereto (each a “Revolving Credit NotesNote”), dated as of the Effective Date (or such later date as a Revolving Credit Lender becomes a party hereto pursuant to §19) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentLender’s Commitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender the Revolving Credit Lenders to make make, or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on any such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's ’s records or on the schedule attached to such Lender’s Revolving Credit Note Record or a continuation of such schedule attached thereto reflecting the making of such Revolving Credit Loan Loan, or the receipt of such payment (as the case may be) and may, prior to any transfer of its Revolving Credit Note, endorse on the receipt reverse side thereof the outstanding principal amount of such paymentRevolving Credit Loans evidenced thereby. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record ’s record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the applicable Borrowers hereunder or under any such Revolving Credit Note Notes to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenorNotes when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a ------- - "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record for such Revolving Credit Note reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record for such Revolving Credit Note shall be prima facie evidence of the principal amount thereof owing ----- ----- and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record for such Revolving Credit Note shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the separate Revolving Credit Notes, dated as of June 29, 1998, the Closing Date or such other date on which a Person may become a party hereto in accordance with SECTION 18 hereof, and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations obligation of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Nationsrent Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of each of the Revolver Borrowers in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Each Revolver Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers applicable Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Genrad Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit Note" and together the "Revolving Credit Notes"), dated as of December 29, 1993 and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment to make Revolving Credit CommitmentLoans or, if less, the outstanding amount of all Revolving Credit Loans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Arrow Automotive Industries Inc)

The Revolving Credit Notes. The Revolving Credit Facility A Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of Exhibit B-1 hereto (each, a "Facility A Note"), dated as of the Closing Date and completed with appropriate insertions. The Facility B Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B-2 hereto (each a "Facility B Note"), dated as of the Closing Date and completed with appropriate insertions. One Facility A Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Revolving Credit CommitmentFacility A Commitment or, if less, the outstanding amount of all Facility A Loans made by such Bank, plus interest accrued thereon, as set forth below. One Facility B Note shall be payable to the order of each Bank in a principal amount equal to such Bank's Facility B Commitment or, if less, the outstanding amount of all Facility B Loans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rollins Truck Leasing Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of EXHIBIT C hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment on the Closing Date or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, PLUS interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (CRC Evans International Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the separate Revolving Credit Notes, dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such LenderLender absent manifest error, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.14 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Each Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit B hereto (each a ------- - "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record for such Revolving Credit Note reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record for such Revolving Credit Note shall be prima facie evidence of the principal amount thereof owing ----- ----- and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record for such Revolving Credit Note shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the Revolving Credit Notes. A Revolving Credit Note shall be payable to the order of each Lender in an aggregate principal amount equal to such Lender's Revolving Credit Commitment. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit Notes, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt The Administrative Agent hereby agrees to provide the Borrower with a statement concerning the outstanding amount of an affidavit of an officer of any Lender as to the lossRevolving Credit Loans, theftin reasonable detail, destruction or mutilation of any on a monthly basis. Although each Revolving Credit Note or any other security document shall be dated the Closing Date, interest in respect thereof shall be payable only for the periods during which is not of public recordthe Revolving Credit Loans evidenced thereby to the Borrower are outstanding, and, in and although the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation stated amount of such Revolving Credit Note or other security documentNotes shall be equal to the Total Commitment as of the date hereof, such Revolving Credit Notes shall be enforceable, with respect to obligations of the Borrowers will issue, in lieu Borrower to pay the principal amount thereof, a replacement only to the extent of the unpaid principal amount of the Revolving Credit Note or other security document in the same principal amount thereof and otherwise Loans to them as of like tenorany date of determination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mack Cali Realty Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of EXHIBIT B hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie (in the absence of manifest error)be PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of EXHIBIT A hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Keane Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing ------- - --------------------- Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie ----- ----- evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (California Steel Industries Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of EXHIBIT B hereto (each a "Revolving Credit Note" and collectively, the "Revolving Credit Notes"), completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of EXHIBIT B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date as a Bank may become a party hereto in accordance with sec.20 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall shall, absent manifest error, be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Filenes Basement Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit F hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment to make Loans or, if less, the outstanding amount of all Loans made by such Lender, plus interest and other amounts accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

The Revolving Credit Notes. (a) The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrowers in substantially the form of EXHIBIT B-1 hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 14 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Each Borrower irrevocably authorize authorizes and requests each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record or any other loan account maintained by the Administrative Agent shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Each Revolving Credit Note or any other security document which is not of public recordshall provide that, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of notwithstanding that such Revolving Credit Note or other security documentshall be executed by each Borrower, the Borrowers will issue, in lieu thereof, a replacement obligations of each Borrower under such Revolving Credit Note shall be several and not joint. (b) The Swing Line Loans shall be evidenced by a promissory note of Hexcel in substantially the form of EXHIBIT B-2 hereto (a "SWING LINE NOTE"), dated as of the Closing Date (or such other security document date on which a Lender may become a party hereto in accordance with Section 14 hereof) and completed with appropriate insertions. One Swing Line Note shall be payable to the same order of the Swing Line Lender in a principal amount equal to $11,500,000 or, if less, the outstanding amount of all Swing Line Loans made by such Swing Line Lender, plus interest accrued thereon, as set forth below. Hexcel irrevocably authorizes and requests the Swing Line Lender to make or cause to be made, at or about the time of the Drawdown Date of any Swing Line Loan or at the time of receipt of any payment of principal on such Swing Line Lender's Swing Line Note, an appropriate notation on such Record reflecting the making of such Swing Line Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Swing Line Loans set forth on such Swing Line Lender's Record or any other loan account maintained by the Administrative Agent shall be PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Swing Line Lender, but the failure to record, or any error in so recording, any such amount on such Swing Line Lender's Record shall not limit or otherwise affect the obligations of like tenorHexcel hereunder or under any Swing Line Note to make payments of principal of or interest on any Swing Line Note when due.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hexcel Corp /De/)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of Exhibit A hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Moore Medical Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Domestic Borrowers in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Domestic Lender in an aggregate a principal amount equal to such Domestic Lender's Domestic Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Domestic Lender, plus interest accrued thereon, as set forth below. The Each of the Domestic Borrowers irrevocably authorize authorizes each Domestic Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Domestic Lender's Revolving Credit NotesNote, an appropriate notation on such Domestic Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Domestic Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Domestic Lender, but the failure to record, or any error in so recording, any such amount on such Domestic Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Domestic Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (Ict Group Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit F hereto (each a "Revolving Credit NotesNote"), dated as of the Restatement Effective Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment to make Loans or, if less, the outstanding amount of all Loans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrowers in substantially the form of EXHIBIT A hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.16 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Each of the Borrowers irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Furrs Restaurant Group Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower, each in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated the Closing Date (or such other date on which a Bank may become a party hereto pursuant to 18 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit F hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment to make Loans or, if less, the outstanding amount of all Closing Date Advances and Post-Closing Advances made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Funding Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence absent manifest error of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by a separate promissory note of the applicable Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A Each Revolving Credit Note shall be payable to the order of each Lender the Agent for the respective accounts of the Banks in an aggregate a principal amount equal to such Lender's the Total Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by all the Banks, plus interest accrued thereon, as set forth below. The Borrowers Each Borrower irrevocably authorize each Lender authorizes the Agent to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's the Revolving Credit NotesNote, an appropriate notation on such Lender's the Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's each Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lenderthe Agent for the accounts of the Banks, but the failure to record, or any error in so recording, any such amount on such Lender's any Revolving Credit Note Record shall not limit or otherwise affect the obligations of each of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer At the request of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security documentBank, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.applicable Borrower shall

Appears in 1 contract

Samples: Revolving Credit Agreement (Sensormatic Electronics Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Initial Closing Date (or such other date as a Bank may become a party hereto in accordance with Section 21 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Revolving Credit CommitmentCommitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bell Sports Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be --- --------- ------ ----- evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), ------- - dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Revolver Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid ----- ----- to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 16 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of EXHIBIT B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dynatech Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate Revolving Credit Notes of the U.S. Borrowers and the Foreign Borrowers in form and substance satisfactory to the Revolving Credit Notes. A Lenders (provided, that the Foreign Borrowers’ obligations under the Revolving Credit Note Notes shall not exceed the Foreign Sublimit). The Revolving Credit Notes shall be payable to the order of each Revolving Credit Lender in an aggregate principal amount equal to such Lender's the Revolving Credit CommitmentCommitment of such Revolving Credit Lender, or, if less, the outstanding principal amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon. The Each of the U.S. Borrowers and Foreign Borrowers irrevocably authorize authorizes each Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or Honor Date of any Letter of Credit or at the time of receipt of any payment of principal on such Lender's the Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record Lender’s records reflecting the making of such the Revolving Credit Loan or the receipt of such payment (as the case may be) and whether such Revolving Credit Loan was made to the receipt U.S. Borrowers or Foreign Borrowers, and will, prior to any transfer of such paymentRevolving Credit Lender’s Revolving Credit Note, endorse on the reverse side thereof the outstanding principal amount of the Revolving Credit Loans evidenced thereby at the time of such transfer. The outstanding amount Outstanding Amount of the Revolving Credit Loans set forth on such Lender's a Revolving Credit Note Record Lender’s record shall be prima facie evidence (absent manifest error) of the principal amount thereof owing and unpaid to such Revolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the U.S. Borrowers and/or Foreign Borrowers hereunder or under any the Revolving Credit Note to make payments of principal of or interest on any the Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Lojack Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing --------- Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Revolving Credit NotesBorrower in substantially the form of EXHIBIT B hereto, as applicable (each a "REVOLVING CREDIT Note"), dated as of the Effective Date (or other such date on which a Lender may become a party hereto in accordance with Section 19 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie Recoxx xxxxx xx XXXMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note Note, including, without limitation, its obligations to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Republic Technologies International Holdings LLC)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the US Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or other such date on which a Lender may become a party hereto in accordance with (Section)20 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment on the Closing Date. The Borrowers US Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit Notes, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers US Borrower hereunder or under any Revolving Credit Note Notes to make payments of principal of or interest on any Revolving Credit Note Notes when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing ------- - Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Revolving Credit CommitmentCommitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Chart House Enterprises Inc)

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The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit A-1 hereto (each a "Revolving Credit NotesNote"), ------- --- dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender----- ----- Bank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Initial Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Each Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Century Aluminum Co)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto, as applicable (each a "Revolving Credit NotesNote"), dated as of the Effective Date (or other such date on which a Lender may become a party hereto in accordance with (S)19 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note Note, including, without limitation, its obligations to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Blue Steel Capital Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in an aggregate a principal amount equal to such Revolving Credit Lender's Revolving Credit CommitmentCommitment or, if less, the outstanding amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Revolving Credit Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Revolving Credit Lender's Revolving Credit NotesNote, an appropriate notation on such Revolving Credit Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Revolving Credit Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Revolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Revolving Credit Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate joint and several promissory notes of the Borrowers in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Revolving Credit CommitmentCommitment or, if less, the Outstanding amount of all Revolving Credit Loans made by such Bank, plus interest accrued thereon, as set forth below. The Each of the Borrowers irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding Outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing --------- --------------------- Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

The Revolving Credit Notes. (a) The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date or the effective date of any future assignment made pursuant to Section 19 hereof and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment and representing the obligation of the Borrower to pay to such Bank such principal amount or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall shall, absent manifest error, be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. . (b) Upon receipt of an affidavit of an officer of any Lender Bank as to the loss, theft, destruction or mutilation of any such Bank s Revolving Credit Note or any other security document which is not of public recordNote, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security documentNote, the Borrowers Borrower will issue, in lieu thereof, a replacement Revolving Credit Note or other security document for such Bank in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the ------- - --------- ------ ---- Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and ----- ----- unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit A hereto (each a “Revolving Credit NotesNote”), dated the Effective Date (or such other date on which a Lender may become a party hereto in accordance with §16 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's ’s Commitment in respect of Revolving Credit CommitmentLoans or, if less, the outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's ’s Revolving Credit NotesNote, an appropriate notation on such Lender's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's ’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's ’s Revolving Credit Note Record shall not limit or otherwise affect the joint and several obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (Crystal Rock Holdings, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit A hereto (the "Revolving Credit Notes"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment with respect to the Revolving Credit CommitmentLoans. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record records shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record records shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any its Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security documentNote, the Borrowers will issue, in lieu thereof, issue a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor. Such affidavit shall provide for an indemnity by such Lender in favor of the Borrowers for any actual monetary loss, reasonably incurred by the Borrowers, in connection with any individual or entity in possession of, and claiming to be a holder of, the original Revolving Credit Note or from any attempt to collect upon the original Revolving Credit Note.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunglass Hut International Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date as a Lender may become a party hereto in accordance with 19 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall shall, absent manifest error, be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Filenes Basement Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate amended and restated promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

The Revolving Credit Notes. The Revolving Credit Loans shall be -------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing ------- - Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by a separate amended and restated promissory note of the applicable Borrower in substantially the form of EXHIBIT A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A Each Revolving Credit Note shall be payable to the order of each Lender the Agent for the respective accounts of the Banks in an aggregate a principal amount equal to such Lender's the Total Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by all the Banks, plus interest accrued thereon, as set forth below. The Borrowers Each Borrower irrevocably authorize each Lender authorizes the Agent to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's the Revolving Credit NotesNote, an appropriate notation on such Lender's the Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's each Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lenderthe Agent for the accounts of the Banks, but the failure to record, or any error in so recording, any such amount on such Lender's any Revolving Credit Note Record shall not limit or otherwise affect the obligations of each of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. At the request of any Bank, the applicable Borrower shall execute and deliver to such requesting Bank a Revolving Credit Note made payable to such Bank in a principal amount equal to such Bank's Commitment Percentage of the Revolving Credit Loans, or, if less, the outstanding amount of all Revolving Credit Loans made by such Bank, plus interest accrued thereon, as set forth below, and the Borrower shall execute and deliver to the Agent for the respective accounts of the Banks which do not hold their own Revolving Credit Note, an amended and restated Revolving Credit Note in a principal amount equal to the Total Commitment less the Commitment amount of any Banks which hold their own Revolving Credit Notes, or, if less, the outstanding amount of all Revolving Credit Loans made by all such Banks plus interest accrued thereon, as set forth below. Upon receipt of an affidavit of an officer of any Lender as a duly executed and delivered replacement Revolving Credit Note, the Agent shall return to the loss, theft, destruction or mutilation of any Borrower the Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenorhas been superseded.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sensormatic Electronics Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 17 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment in respect of Revolving Credit CommitmentLoans or, if less, the outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the joint and several obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 16 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Il Fornaio America Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a “Revolving Credit NotesNote”), dated as of the Closing Date (or such other date on which a Bank may become a party hereto in accordance with §15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such Lender's Bank’s Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Bank’s Revolving Credit NotesNote, an appropriate notation on such Lender's Bank’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Bank’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such Lender's Bank’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the Revolving Credit Notes. A Revolving Credit Note shall be payable to the order of each Lender in an aggregate principal amount equal to such Lender's Revolving Credit Commitment. The Borrowers irrevocably authorize each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit Notes, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt The Agent hereby agrees to provide the Borrower Representative with a statement concerning the outstanding amount of an affidavit of an officer of any Lender as to the lossRevolving Credit Loans, theftin reasonable detail, destruction or mutilation of any on a monthly basis. Although each Revolving Credit Note or any other security document shall be dated the Closing Date, interest in respect thereof shall be payable only for the periods during which is not of public recordthe Revolving Credit Loans evidenced thereby to the Borrowers are outstanding, and, in and although the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation stated amount of such Revolving Credit Note or other security documentNotes shall be equal to the Total Commitment as of the date hereof, such Revolving Credit Notes shall be enforceable, with respect to obligations of the Borrowers will issue, in lieu to pay the principal amount thereof, a replacement only to the extent of the unpaid principal amount of the Revolving Credit Note or other security document in the same principal amount thereof and otherwise Loans to them as of like tenorany date of determination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cali Realty Corp /New/)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate restated promissory notes of the Borrower, each in substantially the form of Exhibit A hereto (each a "Revolving Credit NotesNote"), dated the Closing Date (or such other date on which a Bank may become a party hereto pursuant to Section 19 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.Revolving

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit H hereto (each a Revolving Credit NotesNote), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with 18 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Lenders Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Lenders Revolving Credit NotesNote, an appropriate notation on such Lender's Lenders Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Lenders Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Lenders Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jumpking Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be ----------------------------- evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit B hereto (each a "Revolving Credit NotesNote"), dated as of the Closing ------- - Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender Bank in an aggregate a principal amount equal to such LenderBank's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Bank, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such LenderBank's Revolving Credit NotesNote, an appropriate notation on such LenderBank's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such LenderBank's Revolving Credit Note Record shall be prima facie evidence of the ----- ----- principal amount thereof owing and unpaid to such LenderBank, but the failure to record, or any error in so recording, any such amount on such LenderBank's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of the Borrowers in substantially the form of Exhibit A-1 hereto (each a "Revolving Credit NotesNote") dated as of the Closing Date (or such other date on which a Person may become a party hereto in accordance with ss.18 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Revolving Credit Lender in an aggregate a principal amount equal to such Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record records reflecting the making of such Revolving Credit Loan or the receipt of such payment (as the case may be) the receipt of such payment). The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations obligation of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Nationsrent Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by a promissory notes of the Borrower in substantially the form of Exhibit A hereto (a "Revolving Credit NotesNote"), dated as of the Closing Date and completed with appropriate insertions. A The Revolving Credit Note shall be payable to the order of each the Lender in an aggregate a principal amount equal to such Lender's the Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by the Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize each authorizes the Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such the Lender's Revolving Credit NotesNote, an appropriate notation on such the Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such the Lender's Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such the Lender, but the failure to record, or any error in so recording, any such amount on such the Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (DSL Net Inc)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate Revolving Credit Notes of the Borrowers in form and substance satisfactory to the Revolving Credit NotesLenders. A The Revolving Credit Note Notes shall be payable to the order of each Revolving Credit Lender in an aggregate principal amount equal to the Commitment of such Lender's Revolving Credit CommitmentLender, or, if less, the outstanding principal amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon. The Each of the Borrowers irrevocably authorize authorizes each Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or Honor Date of any Letter of Credit or at the time of receipt of any payment of principal on such Lender's the Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record Lender’s records reflecting the making of such the Revolving Credit Loan or the receipt of such payment (as the case may be) and whether such Revolving Credit Loan was made to the receipt Borrowers, and will, prior to any transfer of such paymentRevolving Credit Lender’s Revolving Credit Note, endorse on the reverse side thereof the outstanding principal amount of the Revolving Credit Loans evidenced thereby at the time of such transfer. The outstanding amount Outstanding Amount of the Revolving Credit Loans set forth on such Lender's a Revolving Credit Note Record Lender’s record shall be prima facie evidence (absent manifest error) of the principal amount thereof owing and unpaid to such Revolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any the Revolving Credit Note to make payments of principal of or interest on any the Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor§ 2.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Lojack Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the Revolving Credit Notes. Return and cancellation of the "Notes" under the Original Agreement and issuance of initial Revolving Credit Notes under this Agreement shall be governed by Section 27 hereof. A Revolving Credit Note shall be payable to the order of each Lender in an aggregate principal amount equal to such Lender's Revolving Credit Commitment. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit Notes, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt The Administrative Agent hereby agrees to provide the Borrower with a statement concerning the outstanding amount of an affidavit of an officer of any Lender as to the lossRevolving Credit Loans, theftin reasonable detail, destruction or mutilation of any on a monthly basis. Although each Revolving Credit Note or any other security document shall be dated the Closing Date, interest in respect thereof shall be payable only for the periods during which is not of public recordthe Revolving Credit Loans evidenced thereby to the Borrower are outstanding, and, in and although the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation stated amount of such Revolving Credit Note or other security documentNotes shall be equal to the Total Commitment as of the date hereof, such Revolving Credit Notes shall be enforceable, with respect to obligations of the Borrowers will issue, in lieu Borrower to pay the principal amount thereof, a replacement only to the extent of the unpaid principal amount of the Revolving Credit Note or other security document in the same principal amount thereof and otherwise Loans to them as of like tenorany date of determination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mack Cali Realty Corp)

The Revolving Credit Notes. The Loans under Revolving Credit Loans Facility A shall be evidenced by the Revolving Credit NotesNote A in substantially the form of Exhibit A hereto, and the Loans under Revolving Credit Facility B shall be evidenced by Revolving Credit Note B in substantially the form of Exhibit B hereto (each a "Revolving Credit Note"), dated as of the Closing Date and completed with appropriate insertions. A Each Revolving Credit Note shall be payable to the order of each Lender the Bank in an aggregate a principal amount equal to such Lender's the Revolving Credit A Commitment or Revolving Credit B Commitment, as applicable, or, if less, the outstanding amount of all Loans made by the Bank, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender the Bank to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's a Revolving Credit NotesNote, an appropriate notation on such Lender's the Revolving Credit Note Record for such Revolving Credit Note reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's each Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lenderthe Bank, but the failure to record, or any error in so recording, any such amount on such Lender's a Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rogers Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by the separate Revolving Credit Notes, dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with §15 hereof) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's ’s Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers Borrower irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's ’s Revolving Credit NotesNote, an appropriate notation on such Lender's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's ’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such LenderLender absent manifest error, but the failure to record, or any error in so recording, any such amount on such Lender's ’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate promissory notes of TransTechnology in substantially the Revolving Credit Notesform of EXHIBIT A hereto (each a "REVOLVING CREDIT NOTE"), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's Revolving Credit CommitmentCommitment in effect at such time, or, if less, the outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Borrowers TransTechnology irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers TransTechnology hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Credit Agreement (Transtechnology Corp)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by promissory notes of the Borrowers in substantially the form of EXHIBIT A-1 hereto (each a "REVOLVING CREDIT Note"), dated as of the Effective Date (or such later date as a Revolving Credit NotesLender becomes a party hereto pursuant to ss.19) and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the thE order of each Revolving Credit Lender in an aggregate a principal amount equal to such Revolving Credit Lender's Commitment or, if less, the outstanding amount of all Revolving Credit CommitmentLoans made by such Revolving Credit Lender, plus interest accrued thereon, as set forth below. The Borrowers irrevocably authorize each Lender the Revolving Credit Lenders to make make, or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on any such Lender's Revolving Credit NotesNote, an appropriate notation on such Lender's records or on the schedule attached to such Lender's Revolving Credit Note Record or a continuation of such schedule attached thereto reflecting the making of such Revolving Credit Loan Loan, or the receipt of such payment (as the case may be) and may, prior to any transfer of its Revolving Credit Note, endorse on the receipt reverse side thereof the outstanding principal amount of such paymentRevolving Credit Loans evidenced thereby. The outstanding amount of the Revolving Credit Loans set forth on such Lender's Revolving Credit Note Record record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the applicable Borrowers hereunder or under any such Revolving Credit Note Notes to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenorNotes when due.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc)

The Revolving Credit Notes. The If so requested by any Lender, the Revolving Credit Loans shall be evidenced by joint and several promissory notes of the Borrowers in substantially the form of Exhibit A hereto (each a “Revolving Credit NotesNote”), dated as of the Closing Date and completed with appropriate insertions. A One Revolving Credit Note shall be payable to the order of each Lender in an aggregate a principal amount equal to such Lender's ’s Revolving Credit CommitmentCommitment or, if less, the Outstanding amount of all Revolving Credit Loans made by such Lender, plus interest accrued thereon, as set forth below. The Each of the Borrowers irrevocably authorize authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Revolving Credit Loan or at the time of receipt of any payment of principal on such Lender's ’s Revolving Credit NotesNote, an appropriate notation on such Lender's ’s Revolving Credit Note Record reflecting the making of such Revolving Credit Loan or (as the case may be) the receipt of such payment. The outstanding Outstanding amount of the Revolving Credit Loans set forth on such Lender's ’s Revolving Credit Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's ’s Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any Revolving Credit Note to make payments of principal of or interest on any Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Senior Secured Priming and Superpriority Debtor in Possession Credit Agreement (Real Mex Restaurants, Inc.)

The Revolving Credit Notes. The Revolving Credit Loans shall be evidenced by separate Revolving Credit Notes of the Borrowers in form and substance satisfactory to the Revolving Credit NotesLenders. A The Revolving Credit Note Notes shall be payable to the order of each Revolving Credit Lender in an aggregate principal amount equal to such Lender's the Revolving Credit CommitmentCommitment of such Revolving Credit Lender, or, if less, the outstanding principal amount of all Revolving Credit Loans made by such Revolving Credit Lender, plus interest accrued thereon. The Each of the Borrowers irrevocably authorize authorizes each Revolving Credit Lender to make or cause to be made, at or about the time of the in connection with a Drawdown Date of any Revolving Credit Loan or Honor Date of any Letter of Credit or at the time of receipt of any payment of principal on such Lender's the Revolving Credit NotesNote, an appropriate notation on such Lender's Revolving Credit Note Record Lender’s records reflecting the making of such the Revolving Credit Loan or the receipt of such payment (as the case may be) and whether such Revolving Credit Loan was made to the receipt Borrowers, and will, prior to any transfer of such paymentRevolving Credit Lender’s Revolving Credit Note, endorse on the reverse side thereof the outstanding principal amount of the Revolving Credit Loans evidenced thereby at the time of such transfer. The outstanding amount Outstanding Amount of the Revolving Credit Loans set forth on such Lender's a Revolving Credit Note Record Lender’s record shall be prima facie evidence (absent manifest error) of the principal amount thereof owing and unpaid to such Revolving Credit Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Revolving Credit Note Record shall not limit or otherwise affect the obligations of the Borrowers hereunder or under any the Revolving Credit Note to make payments of principal of or interest on any the Revolving Credit Note when due. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of any Revolving Credit Note or any other security document which is not of public record, and, in the case of any such loss, theft, destruction or mutilation, upon surrender and cancellation of such Revolving Credit Note or other security document, the Borrowers will issue, in lieu thereof, a replacement Revolving Credit Note or other security document in the same principal amount thereof and otherwise of like tenor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lojack Corp)

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