Common use of The Structured Notes Clause in Contracts

The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 (the “VFCC Structured Note”), dated as of the date of this Agreement, in a face amount equal to the $225,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 (the “FUNB Structured Note”) dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of FUNB Advances (the VFCC Structured Note together with the FUNB Structured Note, the “Notes”); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount. The Notes are intended to be “securities” and shall evidence the amount owed by the Borrower to the Lenders hereunder.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

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The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 (the "VFCC Structured Note"), dated as of the date of this Agreement, in a face amount prior to the Facility Increase Expiration Date equal to $275,000,000 and on and after the Facility Increase Expiration Date, $225,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 (the “FUNB "WBNA Structured Note") dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of FUNB WBNA Advances (the VFCC Structured Note together with the FUNB WBNA Structured Note, the "Notes"); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount. The Notes are intended to be “securities” and shall evidence the amount owed by the Borrower to the Lenders hereunder."

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 B–2 (the “VFCC Structured Note”), dated as of the date of this Agreement, in a face amount prior to the Facility Increase Expiration Date equal to $275,000,000 and on and after the Facility Increase Expiration Date, $225,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 B–1 (the “FUNB Structured Note”) dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of FUNB Advances (the VFCC Structured Note together with the FUNB Structured Note, the “Notes”); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount. The Notes are intended to be “securities” and shall evidence the amount owed by the Borrower to the Lenders hereunder.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

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The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 (the “VFCC Structured Note”), dated as of the date of this Agreement, in a face amount equal to the $225,000,000275,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 (the “FUNB WBNA Structured Note”) dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of FUNB WBNA Advances (the VFCC Structured Note together with the FUNB WBNA Structured Note, the “Notes”); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount. The Notes are intended to be “securities” and shall evidence the amount owed by the Borrower to the Lenders hereunder.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

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