FILO Note definition

FILO Note means a promissory note made by the Borrower, substantially in the form of Exhibit C-2, in favor of a FILO Lender, evidencing the FILO Loans made by such FILO Lender to the Borrower.
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FILO Note means, collectively, the promissory notes referred to in Section 2.1(b) hereof.
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FILO Note means a promissory note by the Domestic Borrowers in favor of a FILO Lender evidencing the portion of the FILO Loan made by such FILO Lender, substantially in the form of Exhibit B-7.
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Examples of FILO Note in a sentence

  • At the request of any FILO Lender, Borrowers shall deliver a FILO Note to such Lender.

  • There has not been an update to the by-laws in 17 years, so this is long overdue.

  • No Person obligated on account of this FILO Note may seek contribution from any other Person also obligated except in accordance with the terms of Section 9.14(d) of the Credit Agreement.

  • Exhibit B-7 (Form of FILO Note) is hereby deleted in its entirety and Exhibit D (Form of Borrowing Base Certificate), Exhibit H-1 (Form of Domestic Notice of Borrowing); Exhibit H-2 (Form of Canadian Notice of Borrowing); and Exhibit H-3 (Form of UK Notice of Borrowing) are hereby deleted in their entirety and a new Exhibit D, Exhibit H-0, Xxxxxxx X-0, and Exhibit H-3 are substituted in its stead as attached hereto as Annex B.

  • The Borrower makes the following waiver knowingly, voluntarily, and intentionally, and understands that the Agents, the ABL Term Loan Agent and the FILO Lender, in the establishment and maintenance of their respective relationship with the Borrower contemplated by this FILO Note, is relying thereon.

  • The FILO Lender may also attach schedules to this FILO Note and endorse thereon the date, amount and maturity of its FILO Loans and payments with respect thereto.

  • The Borrower assents to any extension or other indulgence (including, without limitation, the release or substitution of Collateral) permitted by any Agent, the ABL Term Loan Agent and/or the FILO Lender with respect to this FILO Note and/or any Collateral or any extension or other indulgence with respect to any other liability or any collateral given to secure any other liability of the Borrower or any other Person obligated on account of this FILO Note.

  • The Administrative Agent and the FILO Agent shall have received a FILO Note made by the Borrowers in favor of each Initial FILO Lender, to the extent requested by such Initial FILO Lender.

  • Exhibit P (Form of FILO Note) attached hereto in Annex B is hereby added to the Amended Credit Agreement as Exhibit P thereto.

  • Subject to the terms of the Credit Agreement, upon the occurrence and continuation of one or more of the Events of Default specified in the Credit Agreement, all amounts then remaining unpaid on this FILO Note shall become, or may be declared to be, immediately due and payable all as provided in the Credit Agreement.


More Definitions of FILO Note

FILO Note a promissory note to be executed by Borrowers in favor of a FILO Lender in the form of Exhibit A-2, which shall evidence the FILO Loans made by such FILO Lender.
Sample 1Sample 2
FILO Note means a promissory note made by Borrowers in favor of a FILO Lender evidencing the FILO Loans made by such FILO Lender, substantially in the form of Exhibit C-3, as each may be amended, supplemented or modified from time to time. “FILO Prepayment Fee” means, with respect to any prepayment of the FILO Loans (or deemed prepayment in the case of an acceleration of the FILO Loans), a premium equal to (a) one percent (1.00%) of the principal amount of such prepayment (or deemed prepayment in the case of an acceleration of the FILO Loans) if such prepayment is made after the Amendment No. 1 Effective Date but on or prior to the first anniversary of the Amendment No. 1 Effective Date, (b) one-half of one percent (0.50%) of the principal amount of such prepayment (or deemed prepayment in the case of an acceleration of the FILO Loans) if such prepayment is made after the first anniversary of the Amendment No. 1 Effective Date but on or prior to the second anniversary of the Amendment No. 1 Effective Date, and (c) zero at all times after the second anniversary of the Amendment No. 1
Sample 1
FILO Note a promissory note to be executed by Borrowers in favor of a FILO Lender in the form of Exhibit A-2, which shall evidence the FILO Loans made by such FILO Lender. “FILO Termination Date”- August 31, 2020.
Sample 1
FILO Note means a promissory note made by the Borrowers in favor of the Lender evidencing the FILO Loans made by the Lender, substantially in the form of Exhibit B-2. “FILO Reserve” means the amount, if any, by which the outstanding amount of the FILO Loans exceed the FILO Borrowing Base as the Lender determines in its reasonable discretion. “First Amendment” means that certain First Amendment to Second Amended and Restated Credit Agreement entered into by and among the Borrowers, the Lender and the L/C Issuer dated as of September 8, 2014. “First Amendment Effective Date” means September 8, 2014. “Fiscal Month” means any fiscal month of any Fiscal Year, which month shall generally end on the Saturday nearest to the last day of each calendar month in accordance with the fiscal accounting calendar of the Loan Parties. “Fiscal Quarter” means any fiscal quarter of any Fiscal Year, which quarters shall generally end on the Saturday nearest to the last day of each April, July, October and January of such Fiscal Year in accordance with the fiscal accounting calendar of the Loan Parties. “Fiscal Year” means the fiscal year ended January 28, 2012 and any subsequent period of fifty- two (52) or fifty-three (53) consecutive weeks ending on the Saturday nearest to January 31 of each calendar year. “Foreign Assets Control Regulations” has the meaning set forth in Section 9.17. “Foreign Vendor” means a Person that sells In-Transit Inventory to a Borrower. “Foreign Vendor Agreement” means an agreement between a Foreign Vendor and the Lender in form and substance satisfactory to the Lender and pursuant to which, among other things, the parties shall -20-
Sample 1
FILO Note. “FILO Prepayment Premium”, “FILO Reserve”, “FILO Standstill Period”, “Fixed Charge Coverage Ratio”, “Net Cash Proceeds”, “Payment Conditions”, “Pro Rata Share”, “Protective Advances”, “Ratable Portion”, “Requisite FILO Lenders”, “Term/Notes Refinancing Date” or “Weekly Monitoring Event” (and any component definition of any of the foregoing terms to the extent used therein); provided that, subject to Section 11.14, the foregoing shall not limit the discretion of the Administrative Agent to change, establish or eliminate any Reserves without the consent of any Lenders;
Sample 1
FILO Note means a promissory note made by the Borrowers, substantially in the form of Exhibit B-2, in favor of a FILO Lender, evidencing the FILO Loans made by such FILO Lender to the Borrowers. “FILO Outstandings” means, at any particular time, the principal amount of the FILO Loans outstanding at such time. “Financial Asset” has the meaning given to such term in Article 8 of the UCC. “Financial Officer” means, with respect to any Loan Party, the chief financial officer, treasurer or controller of such Loan Party. Any document delivered hereunder that is signed by a Financial Officer of a Loan Party shall be conclusively presumed to have been authorized by all necessary corporate, partnership and/or other action on the part of such Loan - 54 -
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Related to FILO Note

  • New Note shall have the meaning assigned to such term in Section 38.

  • Note means a promissory note made by the Borrower in favor of a Lender evidencing Loans made by such Lender, substantially in the form of Exhibit C.

  • Bridge Note means a promissory note made by the Borrowers in favor of a Bridge Lender evidencing Bridge Loans made by such Bridge Lender substantially in the form of Exhibit E-2.

  • Original Note shall have the meaning assigned to such term in the recitals.

  • RMB Note means a Note denominated in Renminbi.

  • Existing Note means a Note (as defined in the Existing Credit Agreement) that is issued and outstanding immediately prior to the effectiveness of this Agreement.

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

  • Term Loan A Note means a promissory note made by the Borrower in favor of a Term Loan A Lender evidencing the portion of the Term Loan A made by such Term Loan A Lender, substantially in the form of Exhibit C-1.

  • Revolver Note means any one of such Revolver Notes.

  • Supplemental Note means, for each Supplemental Loan (whether one or more), if any, the Multifamily Note secured by the Supplemental Instrument for that Supplemental Loan.

  • Tranche A Note means a promissory note of the Borrower payable to the order of any Tranche A Bank, in substantially the form of Exhibit A-1 hereto, evidencing the aggregate indebtedness of the Borrower to such Tranche A Bank resulting from Tranche A Advances.

  • Individual Note A Note of an Original Note Principal Balance of $25,000; a Note of an Original Note Principal Balance in excess of $25,000 shall be deemed to be a number of Individual Notes equal to the quotient obtained by dividing such Original Note Principal Balance amount by $25,000.

  • Committed Note means a promissory note of a Borrower payable to the order of any Lender, in substantially the form of Exhibit A-1, evidencing the indebtedness of that Borrower to such Lender resulting from the Committed Advances made by such Lender to that Borrower.

  • A Note means, with respect to any A/B Whole Loan, the mortgage note (or notes) included in the Trust that is senior in right of payment to the related B Note or any other subordinated note(s) to the extent set forth in the related Intercreditor Agreement. There are no A Notes related to the Trust as of the Closing Date.

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  • Retained Note means any Notes held by the Issuer (or any other person treated as the same person as the Issuer for U.S. federal income tax purposes), but only so long as such Notes are held by such entity, until such time as such Notes are transferred in accordance with the terms and conditions of Section 2.04 of the Indenture.

  • Tranche B Note means a promissory note of the Borrower payable to any Tranche B Lender and its registered assigns, delivered pursuant to a request made under Section 2.16 in substantially the form of Exhibit A-3 hereto, evidencing the aggregate indebtedness of the Borrower to such Lender resulting from the Tranche B Loans made by such Lender to the Borrower.

  • Term B Note means a promissory note made by the Borrower in favor of a Term B Lender, or its registered assigns, evidencing Term B Loans made by such Term B Lender, substantially in the form of Exhibit C-1.

  • Equipment Note means and includes any equipment notes issued under the Indenture in the form specified in Section 2.01 thereof (as such form may be varied pursuant to the terms of the Indenture) and any Equipment Note issued in exchange therefor or replacement thereof pursuant to Section 2.07 or 2.08 of the Indenture.

  • Subordinated Note means the Subordinated Note (or collectively, the “Subordinated Notes”) in the form attached as Exhibit A hereto, as amended, restated, supplemented or modified from time to time, and each Subordinated Note delivered in substitution or exchange for such Subordinated Note.

  • B Note means, with respect to any A/B Mortgage Loan, the related subordinated Mortgage Note not included in the Trust, which is subordinated in right of payment to the related A Note to the extent set forth in the related Intercreditor Agreement.

  • of a Note means the principal of the Note plus the premium, if any, payable on the Note which is due or overdue or is to become due at the relevant time.

  • Contract Note means a promissory note of the Borrower payable to the order of a Lender, in substantially the form of Exhibit 1.01A hereto, evidencing the aggregate indebtedness of the Borrower to such Lender resulting from the Contract Advances made by such Lender to the Borrower.

  • Legended Note means Registered Notes in definitive form that are issued to Institutional Accredited Investors and Registered Notes (whether in definitive form or represented by a Registered Global Note) sold in private transactions to QIBs in accordance with the requirements of Rule 144A;

  • Swingline Note means a promissory note made by the Borrower in favor of the Swingline Lender evidencing the Swingline Loans made by the Swingline Lender, substantially in the form attached as Exhibit A-2, and any amendments, supplements and modifications thereto, any substitutes therefor, and any replacements, restatements, renewals or extension thereof, in whole or in part.

  • Credit Note means a document issued by a registered person under sub-section (1) of section 34;