Common use of Competitive Bid Notes Clause in Contracts

Competitive Bid Notes. The Competitive Bid Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of EXHIBIT E-2 attached hereto (each a "Competitive Bid Note"), dated as of the Closing Date and completed with appropriate insertions. A Competitive Bid Note shall be payable to the order of each Bank in a principal amount equal to the Maximum Competitive Bid Amount, or if less, the outstanding amount of all Competitive Bid Loans made by such Bank to the Borrower hereunder, as set forth in Section 2.3, PLUS interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Bank to make, at or about the time of the Drawdown Date of any Competitive Bid Loan made by such Bank or at the time of receipt of the payment of principal of such Competitive Bid Loan, an appropriate notation on the Record attached to such Bank's Competitive Bid Note reflecting the making of such Competitive Bid Loan and repayments thereof. All such notations shall constitute PRIMA FACIE evidence of the amount of such Competitive Bid Loans and the repayments thereof, but the failure to record, o# any error in so recording such amount on such Bank's Record shall not limit or otherwise affect the obligations of the Borrower here under or under any Competitive Bid Note to make payments of principal or interest on any Competitive Bid Note when due.

Appears in 1 contract

Sources: Revolving Credit Agreement (Michaels Stores Inc)

Competitive Bid Notes. The Competitive Bid Loans shall be evidenced by separate promissory notes of the Borrower in substantially the form of EXHIBIT E-2 Exhibit F-2 attached hereto (each a "Competitive Bid Note"), dated as of the Closing Date and completed with appropriate insertions. A Competitive Bid Note shall be payable to the order of each Bank in a principal amount equal to the Maximum Competitive Bid Amount$20,000,000, or if less, the outstanding amount of all Competitive Bid Loans made by such Bank to the Borrower hereunder, as set forth in Section 2.32.3 hereof, PLUS plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Bank to make, at or about the time of the Drawdown Date of any Competitive Bid Loan made by such Bank or at the time of receipt of the payment of principal of such Competitive Bid Loan, an appropriate notation on the Record attached to such Bank's Competitive Bid Note reflecting the making of such Competitive Bid Loan and repayments thereof. All such notations shall constitute PRIMA FACIE prima facie evidence of the amount of such Competitive Bid Loans and the repayments thereof, but the failure to record, o# or any error in so recording such amount on such Bank's Record shall not limit or otherwise affect the obligations of the Borrower here under hereunder or under any Competitive Bid Note to make payments of principal or interest on any Competitive Bid Note when due.

Appears in 1 contract

Sources: Revolving Credit Agreement (New England Business Service Inc)