CapEx Note definition

CapEx Note means a promissory note made by the Borrower payable to the order of a CapEx Lender in the amount of such CapEx Lender’s CapEx Commitment, in substantially the same form as Exhibit H-4, evidencing indebtedness of the Borrower to such CapEx Lender resulting from the CapEx Advances owing to such Lender.

CapEx Note has the meaning specified in Section 2.2(b).

CapEx Note or "CAPEX Notes" means each promissory note made by Borrower in substantially the form of Exhibit B and issued pursuant to subsection 2.1(D).

Examples of CapEx Note in a sentence

• No failure to exercise, and no delay in exercising, any rights hereunder on the part of the holder of this CapEx Note shall operate as a waiver of such rights.

• The Cap/Ex Loans shall be due and payable as provided in Section 2.2 hereof and in the Cap/Ex Note.

• The CapEx Loans shall be due and payable as provided in Section 2.4(a) hereof and in the CapEx Note, subject to mandatory prepayments as herein provided.

• Except as set forth in Sections 2.8(e) and 2.8(g), the outstanding principal balance of the Term A Note and the CapEx Note shall bear interest at the Term A Floating Rate.

• As of the Sixth Amendment Effective Date, the outstanding total principal balance of the 2000 Capex Note, 2001 Capex Note, and 2004 CapEx Note was $721,715.40, with interest paid through May 31, 2005.

More Definitions of CapEx Note

CapEx Note means the Borrowers’ promissory note, payable to the order of the Lender in substantially the form of Exhibit C hereto and any note or notes issued in substitution therefore or supplement thereto.

CapEx Note means a promissory note of Borrower payable to a Lender in substantially the form of Exhibit 11.1(b) hereto, evidencing Indebtedness of Borrower under the CAPEX Loan Commitment of such Lender.

CapEx Note means the promissory note of the Borrowers, payable to the order of the Lender in substantially the form of Exhibit C hereto, and any note or notes issued in substitution therefor, as the same may hereafter be amended, supplemented or restated from time to time.

CapEx Note has the meaning ascribed to it in Section 1.1(c)(ii).

CapEx Note shall have the meaning set forth in Section 4.2 hereof.

CapEx Note means a Capex Note, in the form of the attached Exhibit D, executed and delivered pursuant to Section 2.8(d) hereof.

CapEx Note means a promissory note executed by the Borrower in favor of any CapEx Lender in the form of Exhibit C-4 evidencing the CapEx Loans of such CapEx Lender. “Capital Distribution” means a payment made, liability incurred or other consideration given by a Company to any Person that is not a Company, (a) for the purchase, acquisition, redemption, repurchase, payment or retirement of any Equity Interest of such Company, or (b) as a dividend, return of capital or other distribution (other than any stock dividend, stock split or other equity distribution payable only in capital stock or other equity of such Company) in respect of such Company’s Equity Interest. “Capitalized Lease Obligations” means obligations of the Companies for the payment of rent for any real or personal property under leases or agreements to lease that, in accordance with GAAP, have been or should be capitalized on the books of the lessee and, for purposes hereof, the amount of any such obligation shall be the capitalized amount thereof determined in accordance with GAAP. “Cash Collateralize” means to pledge and deposit with or deliver to the Administrative Agent, for the benefit of one or more of the Issuing Banks or Lenders, as collateral for Letter of Credit Exposure or