Indebtedness to be Refinanced. The obligations of Borrower under the Acquisition Instruments and all other indebtedness of Borrower identified on PART 2 of SCHEDULE X (herein called "Indebtedness to be Refinanced"), together with all interest accrued thereon and all prepayment premiums and other amounts payable in connection therewith, shall have been refinanced in full from the proceeds of the Loans and the Subordinated Loans and Lender shall have received (i) the certificate of the President or a Vice President of Borrower, dated the date of the initial Revolving Loan to such effect and to the further effect that an aggregate amount of no more than $1,000,000 was required to make such payments, (ii) a letter from each of the holders of the Indebtedness to be Refinanced setting forth in each case (x) the amount of principal and accrued interest thereon due such holder as of the date of such letter, (y) the per diem interest rate on unpaid principal thereunder as of such date, and (z) payment instructions relative to the payment of such Indebtedness to be Refinanced, and enclosing in escrow any and all Uniform Commercial Code termination statements, mortgage releases and releases of security interests in patents, trademarks and copyrights, in form and substance satisfactory to Lender, sufficient to terminate all Liens securing any of the Indebtedness to be Refinanced.
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Indebtedness to be Refinanced. The obligations of Borrower under the Acquisition Instruments and all other indebtedness of Borrower Indebtedness identified on PART Part 2 of SCHEDULE X Schedule XII (herein called "Indebtedness to be Refinanced"), together with all interest accrued thereon and all prepayment premiums and other amounts payable in connection therewith, shall have been refinanced in full from the proceeds of the Loans and Loans, the Subordinated Loans and Lender the Initial Equity Contribution and Collateral Agent shall have received (i) the certificate of the President or a Vice President of Borrower, dated the date of the initial Revolving Loan to such effect and to the further effect that an aggregate amount of no more than $1,000,000 0.00 was required to make such payments, (ii) a letter from each of the holders of the Indebtedness to be Refinanced setting forth in each case (x) the amount of principal and accrued interest thereon due such holder as of the date of such letter, (y) the per diem interest rate on unpaid principal thereunder as of such date, and (z) payment instructions relative to the payment of such Indebtedness to be Refinanced, and enclosing in escrow any and all Uniform Commercial Code termination statements, mortgage releases and releases of security interests in patents, trademarks and copyrights, in form and substance satisfactory to Lenderthe Requisite Lenders, sufficient to terminate all Liens securing any of the Indebtedness to be Refinanced.. 77
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