Examples of Overadvance Note in a sentence
Silicon Valley Bank shall not --------------------------------- have exercised any rights or remedies or taken any other action under or in respect of the Loan Documents or the Overadvance Note (as such terms are hereinafter defined) and shall not have failed to make any Advance requested by Company and consented to by Parent pursuant to Section 6.11.
Each Tranche A Overadvance Note shall (i) be dated the date of the Third Amendment Effective Date, (ii) be stated to mature on the Termination Date, (iii) provide for the payment of interest in accordance with this Agreement and (iv) provide such other terms as deemed necessary by the Overadvance Banks.
The Tranche A Overadvance Loans made by each Overadvance Bank shall be evidenced by a promissory note of the Borrowers, substantially in the same form as Exhibit "A-1" attached hereto, with appropriate insertions as to payee, date and principal amount (each a "Tranche A Overadvance Note"), payable to the order of such Overadvance Bank in the principal amount equal to the amount of the Tranche A Overadvance Commitment of such Bank.
Lender hereby is authorized, but is not obligated, to enter the amount of each Overadvance and the amount of each payment or prepayment of principal or interest thereon in the appropriate spaces on the reverse of or on an attachment to the Overadvance Note.
The Borrower has the right to prepay the principal of this Overadvance Note on the terms and conditions specified in the Credit Agreement.
The Borrower and all guarantors and endorsers hereby waive presentment, demand, protest and notice of any kind in connection with the delivery, acceptance, performance and enforcement of this Overadvance Note, and also hereby assent to extensions of time of payment or forbearance or other indulgences without notice.
The Borrower’s obligation to pay the Overadvances shall be evidenced by the Overadvance Note and shall be secured by the Collateral.
The entire unpaid principal balance of the Overadvance Note and all unpaid interest accrued thereon shall be due and payable in full on or before March 1, 2009.
The Agent ----------------------------------------------- shall have received (a) counterparts (or other evidence of execution, including telephonic message, satisfactory to the Agent) of this Amendment, which collectively shall have been duly executed on behalf of each of the Borrower, the Guarantors, the Agent and the Required Lenders and (b) an Overadvance Note for the account of the Overadvance Lender, duly executed on behalf of the Borrower.
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