Variable Funding Notes. (i) All Variable Funding Notes shall be issued and delivered in fully registered, certificated form (the “Definitive Variable Funding Notes”) or, at the request of a Holder or transferee, in uncertificated, fully registered form evidenced by entry in the Note Registrar (the “Uncertificated Notes”) if provided for in its Series Supplement. Any Definitive Variable Funding Notes shall be substantially in the form or forms provided for in the Series Supplement for such Series; provided, however, that any of the Definitive Variable Funding Notes may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Base Indenture, as may be required to comply with any law or with rules or regulations pursuant thereto, or with the rules of any securities market in which the Variable Funding Notes may be admitted to trading, or to conform to general usage. The Variable Funding Notes shall be revolving or delayed draw Notes. Additional borrowings may be made under any Variable Funding Notes pursuant to the applicable Variable Funding Note Purchase Agreement and, if it is a revolving Note, the principal of the Variable Funding Notes may be repaid and reborrowed pursuant to the terms of the applicable Variable Funding Note Purchase Agreement. The Variable Funding Notes shall be issued in minimum denominations of $25,000 and in any whole dollar denomination in excess thereof. With respect to any Uncertificated Note, the Indenture Trustee shall provide a Confirmation of Registration to the applicable Holder, upon request of such Holder, after registration of the Uncertificated Note in the Note Register by the Note Registrar.
Variable Funding Notes. The Loans made by each Group shall be evidenced by promissory notes of the Borrower, substantially in the form of Exhibit A hereto (the “VFN” or “Variable Funding Notes”), payable to the order of the related Managing Agent for such Group for the account of the related Lender or Bank Investors, as applicable. Each Managing Agent shall record the date and amount of each Loan made and the date and amount of each payment of principal thereof, and any such recordation shall constitute prima facie evidence of the accuracy of the information so recorded. Each VFN shall (a) be dated the date hereof, (b) be stated to mature on the Scheduled Termination Date, and (c) provide for the payment of principal, interest and fees in accordance with Section 2.5 and Section 2.6 hereof.
Variable Funding Notes. The Borrower has heretofore delivered or shall, on the Fifth Amendment Effective Date (and on the terms and subject to the conditions hereinafter set forth), deliver, to each Lender (if requested by such Lender), at the address set forth in Section 11.02, and on the effective date of any Joinder Supplement, to each additional Lender (if requested by such Lender), at the address set forth in the applicable Joinder Supplement, a duly executed variable funding note (each a “Variable Funding Note”), in substantially the form of Exhibit I, in an aggregate face amount equal to the applicable Lender’s Commitment as of the date hereof or the effective date of any Joinder Supplement, as applicable, and otherwise duly completed. Interest shall accrue on the Variable Funding Notes, and the Variable Funding Notes shall be payable, as described herein. On the terms and conditions hereinafter set forth, the Borrower shall deliver on the Fifth Amendment Effective Date to the Swingline Lender, at the applicable address set forth in Section 11.02, a duly executed Swingline Note, in an aggregate face amount equal to the Swingline Commitment as of the Fifth Amendment Effective Date and otherwise duly completed.
Variable Funding Notes. Each Managing Agent shall surrender its Variable Funding Note in exchange for a new Variable Funding Note reflecting the amended Group Commitment for the related Group.
Variable Funding Notes. Any Series of variable funding notes shall initially be sold to investors in reliance on an exemption from the registration requirements of the Securities Act. Any such Series of Notes shall be issued in the form of one or more variable funding notes (each, a “Variable Funding Note”) in fully registered form without interest coupons substantially in the form set forth in the applicable Supplement with such legends as may be applicable thereto, duly executed by CRCF and authenticated by the Trustee as provided in Section 2.4. The aggregate outstanding principal amount of a Series of Variable Funding Notes may from time to time be increased or decreased in accordance with the applicable Supplement.
Variable Funding Notes. (i) Any Variable Funding Notes shall be substantially in the form attached as Exhibit A-3; provided, however, that any of the Variable Funding Notes may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with rules or regulations pursuant thereto, or with the rules of any securities market in which the Variable Funding Notes may be admitted to trading, or to conform to general usage. The Variable Funding Notes shall be issued and delivered in fully registered, certificated form (the “Definitive Variable Funding Notes”). The Variable Funding Notes shall be revolving Notes. Additional borrowings may be made under any Variable Funding Notes pursuant to the applicable Variable Funding Note Purchase Agreement and the principal of the Variable Funding Notes may be repaid and reborrowed pursuant to the terms of the applicable Variable Funding Note Purchase Agreement. The Variable Funding Notes shall be issued in minimum denominations of $100,000.
Variable Funding Notes. 77 SECTION 13.01. Designation.......................................... 77 SECTION 13.02.
Variable Funding Notes. 77 SECTION 13.1. Designation. . . . . . . . . . . . . . . . . . . . . . . .77 SECTION 13.2. Certain Definitions. . . . . . . . . . . . . . . . . . . .78 SECTION 13.3. Establishment and Maintenance of Funding Notes Collection Account . . . . . . . . . . . . . . . . . . .78 SECTION 13.4. Required Deposits to the Funding Notes Collection Account. . . . . . . . . . . . . . . . . . . . . . . . .79 SECTION 13.5. Application of Funds in the Funding Notes Collection Account. . . . . . . . . . . . . . . . . . . . . . . . .79 SECTION 13.6. Exchanges for New Series . . . . . . . . . . . . . . . . .80 SECTION 13.7. Resignation or Removal of Trustee. . . . . . . . . . . . .81 SCHEDULE 1 - LIST OF ASSETS ALLOCATED TO EACH SERIES. EXHIBITS
Variable Funding Notes. The Notes shall be in substantially the form attached as Exhibit A hereto. Except as otherwise expressly provided herein, the Notes will be issued in fully registered form only and shall be numbered serially for identification. The terms of the Notes set forth in Exhibit A to this Indenture are part of the terms of this Indenture. The Notes shall be typewritten, word processed, printed, lithographed, engraved or produced by any combination of these methods, all as determined by the officers executing such Notes, as evidenced by their execution of such Notes.
Variable Funding Notes
