Common use of Term B Notes Clause in Contracts

Term B Notes. Each Term B Lender's Term B Loan shall be evidenced by and repayable in accordance with a Term B Note which shall: (i) be executed and delivered by the Borrower, payable to the order of such Term B Lender and (ii) be in a principal amount equal to the amount of such Term B Lender's Term B Loan and be payable to the order of such Lender in an amount equal to the unpaid principal amount of such Lender's Term B Loan evidenced thereby, (iii) mature on the Term B Loan Maturity Date applicable to the Term B Loan, (iv) bear interest as provided in this Agreement, (v) be subject to mandatory prepayment as provided in Section 2.9(d) hereof, and (vi) be entitled to the benefits of this Agreement and the other Loan Documents. Each Term B Lender shall endorse an appropriate entry in respect of disbursements and repayments of the Term B Loans of such Lender comprising such Borrowing on such Lender's Term B Note with respect to such Term B Loan or make an appropriate entry in the Loan Account maintained in such Lender's books and records, or both, to evidence such Lender's Term B Loans to the Borrower. The Loan Account shall also evidence: (i) accrued interest on the Term B Loans of such Lender to the Borrower, (ii) all other amounts due to the Lender in respect of such Term B Loans, and (iii) all payments made by the Borrower in respect of such Term B Loans including all interest payments and all PIK Interest added to the principal amount of the Term B Loan Obligations. Each entry on a Lender's Term B Note, books and records or Loan Account shall be prima facie evidence of the data entered. Such entries by a Term B Lender shall not be a condition to the Borrower's obligation to repay the Obligations.

Appears in 1 contract

Sources: Credit and Security Agreement (Olympic Steel Inc)

Term B Notes. Each Term B Lender's The Term B Loan shall be evidenced by and repayable separate promissory notes of the Borrower in substantially the form of Exhibit D-2 hereto (each a "Term B Note"), dated the Initial Closing Date (or such other date as a Bank may become a party hereto in accordance with a Section 21 hereof) and completed with appropriate insertions. One Term B Note which shall: (i) shall be executed and delivered by the Borrower, payable to the order of such Term B Lender and (ii) be each Bank in a principal amount equal to such Bank's Term B Commitment and representing the obligation of the Borrower to pay to such Bank such principal amount or, if less, the outstanding amount of such Term B LenderBank's Term B Loan and Commitment, plus interest accrued thereon, as set forth below. The Borrower irrevocably authorizes each Bank to make or cause to be payable to made a notation on such Bank's Term B Note Record reflecting the order of such Lender in an amount equal to the unpaid original principal amount of such LenderBank's Term B Loan evidenced therebyCommitment and, (iii) mature on at or about the Term B Loan Maturity Date applicable to the Term B Loan, (iv) bear interest as provided in this Agreement, (v) be subject to mandatory prepayment as provided in Section 2.9(d) hereof, and (vi) be entitled to the benefits of this Agreement and the other Loan Documents. Each Term B Lender shall endorse an appropriate entry in respect of disbursements and repayments of the Term B Loans time of such Lender comprising such Borrowing Bank's receipt of any principal payment on such Lender's Term B Note with respect to such Term B Loan or make an appropriate entry in the Loan Account maintained in such Lender's books and records, or both, to evidence such Lender's Term B Loans to the Borrower. The Loan Account shall also evidence: (i) accrued interest on the Term B Loans of such Lender to the Borrower, (ii) all other amounts due to the Lender in respect of such Term B Loans, and (iii) all payments made by the Borrower in respect of such Term B Loans including all interest payments and all PIK Interest added to the principal amount of the Term B Loan Obligations. Each entry on a LenderBank's Term B Note, books and records or Loan Account an appropriate notation on such Bank's Term B Note Record reflecting such payment. The aggregate unpaid amount set forth on such Bank's Term B Note Record shall be prima facie evidence of the data entered. Such entries by a principal amount thereof owing and unpaid to such Bank, but the failure to record, or any error in so recording, any such amount on such Bank's Term B Lender Note Record shall not be a condition affect the obligations of the Borrower hereunder or under any Term B Note to the Borrower's obligation to repay the Obligationsmake payments of principal of and interest on any Term B Note when due.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Bell Sports Corp)