Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 3 contracts
Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 G attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 3 contracts
Sources: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Fresh Foods Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s 's Pro Rata Share of the Revolving Credit Committed Amount and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s 's Pro Rata Share of the Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 2 contracts
Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. (a) The obligations to repay pro rata portion of the Revolving Loans and to pay interest thereon Advances made by each Lender shall be evidenced by, and be repayable with interest in accordance with the terms of, a promissory note issued by separate promissory notes of CBI to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”), with appropriate insertions, one Revolving Note being Borrowers payable to the order of each Existing Lender such Lender, in a the maximum principal amount equal of such Lender's Revolving Commitment and in the form of Exhibit 2.3
(a) hereto (together with any replacement, modification, renewal or substitution thereof, individually, a "Revolving Note" and collectively, the "Revolving Notes").
(b) Each Revolving Note shall be dated the Closing Date and be duly completed, executed and delivered by the Borrowers and such Revolving Notes shall replace the Revolving Notes previously delivered by the Company to the Lenders in connection with the Original Credit Agreement.
(c) Each Lender shall endorse that portion of the amount of each Revolving Advance which it has made to a Borrower and the amount of each payment or prepayment of principal thereon in the appropriate space on the grid sheet attached to the applicable Revolving Note (or so note same in its records); provided, however, that the failure of any Lender to make any such endorsement or recordation shall not in any manner affect the obligation of the applicable Borrower to repay to such Existing Lender’s Pro Rata Share Lender the portion of the Revolving Credit Committed Amount Advance advanced by such Lender under the applicable Revolving Note held by such Lender. Any such endorsement or recordation shall represent conclusive evidence of the date and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share 's pro rata share of any Revolving Advance or payment or prepayment of principal thereon, absent manifest error.
(d) Each of the Revolving Credit Committed Amount orNotes shall mature on the Maturity Date (or earlier as hereinafter provided), if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing subject to payment and unpaid to such Existing Lender, but the failure to make such notation or record, or any error prepayment as provided in such notation or record shall not limit or otherwise affect the obligations of CBI hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when dueSections 2 and 3 hereof.
Appears in 2 contracts
Sources: Credit Agreement (Finlay Enterprises Inc /De), Credit Agreement (Finlay Fine Jewelry Corp)
Revolving Notes. The obligations to repay If requested by a Lender, the Revolving Loans and to pay interest thereon of such Lender shall be evidenced by a separate revolving credit promissory notes note of CBI to each Existing Borrower in favor of such Lender in substantially the form of Exhibit C-1 attached A hereto (such notes and any substitute or replacement notes therefor, the “Revolving Notes”), with appropriate insertions, one . A Revolving Note being shall be payable to the order of each Existing Lender in a the principal face amount equal to such Existing Lender’s Pro Rata Share Revolving Commitment. Each such Revolving Note shall be issued by Borrower to the applicable Lender and shall be duly executed and delivered by an authorized officer of the Revolving Credit Committed Amount and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth hereinBorrower. CBI Borrower irrevocably authorizes each Existing Lender Agent to make or cause to be made made, at or about the time of the Drawdown Date of any Revolving Loan or the time of receipt of any payment of principal thereof, an appropriate notations notation on its Agent’s Record reflecting the making of such Revolving Note, Loan or on a record pertaining thereto, reflecting Revolving Loans and repayments thereofthe receipt of such payment. The outstanding Outstanding amount of the Revolving Loans set forth on such Existing LenderAgent’s Revolving Note or record Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing each Lender, but the failure to make such notation or record, or any error in so recording, any such notation or record amount on Agent’s Record shall not limit or otherwise affect the obligations of CBI Borrower, hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 2 contracts
Sources: Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
Revolving Notes. The If so requested by a Lender (on or at any time after the Closing Date), the obligations of the Borrowers to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being payable shall be issued to the order of each Existing Lender that so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made to any Borrower by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender that has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereofthereof by each Borrower. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender's request to be issued a Revolving Note shall not, in any manner, diminish the Borrowers' obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrowers.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and --------------- to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 attached hereto ----------- (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof ----- ----- owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations obligation of Borrower to repay the each Lender’s Revolving Loans and to pay interest thereon shall shall, at the request of any Lender, be evidenced by separate promissory notes a Revolving Note payable to the order of CBI to each Existing such Lender in substantially a maximum principal amount equal to the amount of such Lender’s Revolving Loan Commitment, in a form acceptable to Administrative Agent. In such event, the Borrower shall execute and deliver to such Lender such Revolving Note payable to the order of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one in a face principal amount equal to the Lender’s Revolving Commitment. Thereafter, the Loans evidenced by each such Revolving Note being and interest thereon shall at all times (prior to any assignment pursuant to Section 18.4) be represented by such Revolving Note payable to the order of each Existing the payee named therein, except to the extent that any such Lender in a principal amount equal to subsequently returns any such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Note for cancellation and representing the obligations of CBI to pay requests that such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, once again be evidenced as described as set forth herein. CBI irrevocably authorizes each Existing The failure of a Lender to make or cause to be made appropriate notations on its request a Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount the failure of the Revolving Loans set forth on to be evidenced by a promissory note shall not affect the enforceability of the obligation of the Borrowers to repay such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when dueLoans.
Appears in 1 contract
Sources: Credit Facilities Agreement (MTM Technologies, Inc.)
Revolving Notes. The obligations to repay the Revolving Loans and --------------- to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 attached hereto ----------- (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof ----------- owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit EXHIBIT C-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon of each Bank shall --------------- be evidenced by separate a promissory notes of CBI to each Existing Lender note (herein called a "Revolving Note") substantially in substantially the form of set forth in Exhibit C-1 attached hereto (the “Revolving Notes”)A, with appropriate insertions, one Revolving Note being ------- - payable to the order of each Existing Lender such Bank on the Revolver Expiration Date in a the principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount or, if less, Bank's Commitment or in the aggregate unpaid principal amount of all of its Revolving Loans Loans, whichever is less. The date and amount of each Revolving Loan made by such Existing Lender hereunderBank and of each repayment of principal thereof received by such Bank, plus interest accrued thereonand, in the case of each Eurodollar Loan or CD Loan, the dates on which each Interest Period as set forth herein. CBI irrevocably authorizes each Existing Lender to make or cause such Loan shall begin and end, shall be recorded by such Bank on the schedule attached to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth Note issued to such Bank, and the aggregate unpaid principal amount shown on such Existing Lender’s Revolving Note or record schedule shall be prima facie conclusive evidence absent demonstrable error of the principal amount thereof owing and unpaid to on such Existing Lender, but the Revolving Note. The failure to make record any such notation or recordamount on such schedule shall not, or any error in such notation or record shall not however, limit or otherwise affect the obligations of CBI Borrower hereunder or under any Revolving Note to make payments repay the principal amount of principal the Loans together with all interest accruing thereon or any other amount owing hereunder. Each Revolving Loan shall be repaid on the Revolver Expiration Date, subject to the right of or interest on any Borrower to prepay such Revolving Note when dueLoan and, prior to the Revolver Expiration Date, to reborrow hereunder, in accordance with the provisions of this Agreement.
Appears in 1 contract
Revolving Notes. The If so requested by a Lender (at or at any after the Closing Date), the obligations of the Borrowers to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrowers’ obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrowers.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The If so requested by a Lender (at or at any time after the Closing Date), the obligations of the Borrower to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note and its registered assigns, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Subject to Sections 2.5, 13.8 and 14.5(e), the Borrower irrevocably authorizes each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrower’s obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrower.
Appears in 1 contract
Sources: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Revolving Notes. The obligations of the Borrower to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 F-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, with one (1) Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Industrial Distribution Group Inc)
Revolving Notes. The obligations to repay the Revolving Loans and --------------- to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 E-1 ----------- attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie ----- ----- evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations of the Borrowers to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 attached hereto F-1 (the “"Revolving Notes”"), with appropriate insertions, with one (1) Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the joint and several obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Industrial Distribution Group Inc)
Revolving Notes. The If so requested by a Lender (at or at any after the Closing Date), the obligations of Borrower to repay the Revolving Loans Loan Advances to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender that so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing shall represent the joint and several obligations of CBI Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Borrower irrevocably authorizes each Existing Lender that has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans Loan Advances and Agent Advances and repayments thereof. The outstanding amount of the Revolving Loans Loan Advances set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender's request to be issued a Revolving Note shall not, in any manner, diminish Borrower's obligation to repay the Revolving Loan Advances made by such Lender, together with all other amounts owing to such Lender by Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Anchor Funding Services, Inc.)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 E attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Loan Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Loan Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining theretothereon, reflecting Revolving Loans and repayments thereof. The In the absence of manifest error, the outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by a separate promissory notes note of CBI to the Borrowers for each Existing Lender in substantially the form of Exhibit C-1 C attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 G-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining theretothereon, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The If so requested by a Lender (at or at any time after the Closing Date), the obligations of the Borrower to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Subject to Sections 2.5, 13.8 and 14.5(e), the Borrower irrevocably authorizes each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrower’s obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrower.
Appears in 1 contract
Sources: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Revolving Notes. The If requested by any Lender, the obligations to repay the Revolving Loans made by it and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing such Revolving Lender in substantially the form of Exhibit C-1 EXHIBIT G-1 attached hereto (the “Revolving Notes”"REVOLVING NOTES"), with appropriate insertions, one Revolving Note being payable to the order of each Existing requesting Revolving Lender in a principal amount equal to such Existing Revolving Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrower to pay such Existing Revolving Lender the amount of such Existing Revolving Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Revolving Lender hereunder, plus interest accrued thereon, as set forth herein; PROVIDED that the decision of any Lender not to request a Revolving Loan Note shall in no way detract from the Borrower's obligation to repay the Revolving Loans and other amounts owing by the Borrower to such Lender. CBI The Borrower irrevocably authorizes each Existing Revolving Lender that holds a Revolving Loan Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Revolving Lender’s 's Revolving Note or record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Existing Revolving Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate amended and restated promissory notes of CBI to Borrowers in favor of each Existing Lender in substantially (collectively, the form of Exhibit C-1 attached hereto (the “Revolving "Notes”"), with appropriate insertionsin form and substance acceptable to Agent, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount 's Commitment and representing the joint and several unconditional obligations of CBI Borrowers to pay such Existing Lender Lenders the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Amount, or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Borrowers irrevocably authorizes each Existing Lender Lender, at its option, to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving 's Note or record or on the books and records of Agent shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Revolving Notes. The If so requested by a Lender (at or at any time after the Funding Date), the obligations of the Borrower to repay the Revolving Loans to such Lender and to pay interest thereon shall be evidenced by a separate promissory notes of CBI Revolving Note to each Existing Lender in substantially the form of Exhibit C-1 attached hereto (the “Revolving Notes”)such Lender, with appropriate insertions, one . One Revolving Note being shall be payable to the order of each Existing Lender which so requests a Revolving Note, and each such Revolving Note shall be in a principal amount equal to such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment and representing shall represent the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI Subject to Sections 2.5, 13.8 and 14.5(e), the Borrower irrevocably authorizes each Existing Lender which has been issued a Revolving Note to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Revolving Note shall not, in any manner, diminish the Borrower’s obligations to repay the Revolving Loans made by such Lender, together with all other amounts owing to such Lender by the Borrower.
Appears in 1 contract
Sources: Senior Secured Credit Facility (TransMontaigne Partners L.P.)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 E-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations to repay the Revolving Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrowers to each Existing Lender in substantially the form of Exhibit C-1 EXHIBIT E-1 attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment and representing the obligations of CBI the Borrowers to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount Commitment or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrowers irrevocably authorizes authorize each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrowers hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Revolving Notes. The obligations to repay the Revolving --------------- Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each Existing Lender in substantially the form of Exhibit C-1 ----------- attached hereto (the “"Revolving Notes”"), with appropriate insertions, one Revolving Note being payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount and representing the obligations of CBI the Borrower to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the 's Revolving Credit Committed Amount or, if less, the aggregate unpaid principal amount of all Revolving Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. CBI The Borrower irrevocably authorizes each Existing Lender to make or cause to be made appropriate notations on its Revolving Note, or on a record pertaining thereto, reflecting Revolving Loans and repayments thereof. The outstanding amount of the Revolving Loans set forth on such Existing Lender’s 's Revolving Note or record shall be prima facie evidence of the principal ----- ----- amount thereof owing and unpaid to such Existing Lender, but the failure to make such notation or record, or any error in such notation or record shall not limit or otherwise affect the obligations of CBI the Borrower hereunder or under any Revolving Note to make payments of principal of or interest on any Revolving Note when due.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)