Class B Lenders or "Class B Term Notes" at a time when there exists only one "Class B Lender" and one "Class B Term Note", such references shall be deemed to refer to such single "Class B Lender" and "Class B Term Note". This Note is one of the Borrower's "Class B Term Notes" and is issued pursuant to and is entitled to the benefits of the Loan Agreement to which reference is hereby made for a more complete statement of the terms and conditions under which the Class B Term Loans evidenced hereby were or are made and are to be repaid. This Note amends, restates and replaces the Class B Term Note dated July 31, 2003 originally delivered to the Payee. All payments of principal and interest in respect of this Note shall be made in lawful money of the United States of America in same day funds at the office of the Class B Loan Agent located in New York, New York or at such other place as shall be designated in writing for such purpose in accordance with the terms of the Loan Agreement. Until notified in writing of the transfer of this Note, the Borrower, the Agent Bank and the Class B Loan Agent shall be entitled to deem the Payee or such person who has been so identified by the transferor in writing to the Borrower, the Agent Bank and the Class B Loan Agent as the holder of this Note, as the owner and holder of this Note. Each of the Payee and any subsequent holder of this Note agrees that before transferring or disposing of this Note or any part hereof it will make a notation hereon or in its records of all principal payments previously made hereunder and of the date to which interest herein has been paid; provided, however, that the failure to make a notation of any payment made on this Note shall not limit or otherwise affect the obligation of the Borrower hereunder with respect to payments of principal or interest on this Note. Whenever any payment on this Note shall be stated to be due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension or reduction of time shall be included in the computation of the payment of interest on this Note; provided, however, that if the day on which any payment relating to a LIBOR Loan is due is not a Business Day but is a day of the month after which no further Business Day occurs in such month, then the due date thereof shall be the Business Day immediately preceding such due date. This Note is subject to prepayment at the option of the Borrower as provided in, and subject t...
Class B Lenders shall: (i) make notations on the books of the Class B Lenders beside all accounts or on such other statements evidencing or recording any Subordinated Debt to the effect that such Subordinated Debt is subject to the provisions of this Agreement, (ii) furnish Bank One, upon Bank One's request from time to time, a statement of the account between such Class B Lenders and the Borrower representing the Subordinated Debt and copies of each of the Class B Loan Documents, and (iii) give Bank One, upon its request, full and free access to the Class B Lenders' books pertaining only to such accounts with the right to make copies thereof. Each and every Class B Loan Document shall bear a legend as set forth in paragraph 13(c) hereof.
Class B Lenders. Interest Carryover Shortfall” means, with respect to any Settlement Date, the excess of the Class B Lenders’ Interest Distributable Amount for the preceding Settlement Date over the amount that was actually deposited in the Distribution Account on such preceding Settlement Date on account of the Class B Lenders’ Interest Distributable Amount.
Examples of Class B Lenders in a sentence
The Administrative Agent (and, as applicable, the Verification Agent and the Class B Lenders) shall and shall cause their representatives or independent contractors to use commercially reasonable efforts to avoid interruption of the normal business operations of the Borrower, the Verification Agent, the Facility Administrator, the Managing Members or SAP, as applicable.
Subject to the provisions of the Subordination Agreement, this Note is secured by the Security Agreement, the Mortgage, the Pledge Agreement and other Loan Documents providing security to the Agent Bank, for the benefit of the Banks (including the Class B Lenders).
To the extent this document contains references to multiple "Class B Lenders" or "Class B Term Notes" at a time when there exists only one "Class B Lender" and one "Class B Term Note", such references shall be deemed to refer to such single "Class B Lender" and "Class B Term Note".
Nothing in this Agreement is intended to modify, alter, reduce or impair any rights which Bank One or the Class B Lenders may have against the Borrower or each other under the Loan Documents or under any other agreement between them, or between either of them and the Borrower.
On the date of the Class B Buyout Triggering Event, the Administrative Agent shall deliver to the Class B Lenders written notice specifying the estimated amount of Class A Obligations (including, without limitation, the aggregate principal amount of all Class A Advances and all accrued and unpaid interest and fees with respect thereto) outstanding and unpaid as of the date that is ten (10) Business Days following the date of the Class B Buyout Triggering Event.
More Definitions of Class B Lenders
Class B Lenders has the meaning set forth in the Preamble.
Class B Lenders means the “Lenders” under (and as defined in) the Class B Loan Agreement.
Class B Lenders is defined in the preamble of this Agreement.
Class B Lenders. The meaning specified in the Preamble, including Madison and each financial institution which may from time to time become a Class B Lender hereunder by executing and delivering a Joinder Supplement to the Administrative Agent, the Loan Manager, the Trustee and the Borrower as contemplated by Section 2.1(b)(iv) (and for purposes of Section 2.12 and Section 2.13 of this Agreement any successor, assignee or participant).
Class B Lenders means, collectively, the Class B Revolving Lenders. “Class B Revolving Availability” means, as of any date of determination, the amount, if any, by which the Class B Borrowing Base exceeds the Total Utilization of Class B Revolving Commitments. “Class B Revolving Commitment” means the commitment of a Class B Revolving Lender to make or otherwise fund any Class B Revolving Loan. The amount of each Class B Revolving Lender’s Class B Revolving Commitment, if any, is set forth on 0 or in the applicable Assignment Agreement, subject to any adjustment or reduction pursuant to the terms and conditions of this Agreement. The Class B Revolving Commitment of each Class B Revolving Lender will be equal to zero ($0) on the Revolving Commitment Termination Date. “Class B Revolving Lender” means each financial institution listed on the signature pages hereto as a Class B Revolving Lender, and any other Person that becomes a party hereto as a Class B Revolving Lender pursuant to an Assignment Agreement. “Class B Revolving Loan” means a Revolving Loan made by a Class B Revolving Lender to the Borrower pursuant to Section 0. “Class B Undrawn Fee” means [***] “Collateral” means, collectively, all of the property (including Capital Stock of the Borrower) in which Liens are purported to be granted pursuant to the Collateral Documents as security for the Obligations. “Collateral Agent” as defined in the preamble hereto.
Class B Lenders shall, unless the context otherwise indicates, include the Class B Loan Agent in its individual capacity. The Class B Lenders and their Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, the Borrower and its Affiliates, in the case of the Class B Loan Agent, as though it were not acting as Class B Loan Agent hereunder and in the case of each Class B Lender, as though such Class B Lender were not a Class B Lender hereunder.
Class B Lenders means collectively, those lenders party hereto and from time to time party hereto and identified as a “Class B Lender” on the Commitment Schedule and the signature pages hereto (or Increase Joinder Agreement as applicable).