Common use of Term Notes Clause in Contracts

Term Notes. The obligations to repay the Original Term Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI to each applicable Lender in substantially the form of Exhibit C-2 attached hereto (the “Original Term Loan Notes”), with appropriate insertions, one Original Term Loan 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 Original Term Loans and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Original Term Loans or, if less, the aggregate unpaid principal amount of the Original Term Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. The obligations to repay the Term B Loans and to pay interest thereon shall be evidenced by separate promissory notes of Atcon to each Term B Lender in substantially the form of Exhibit C-3 attached hereto (the “Term B Loan Notes”), with appropriate insertions, one Term B Loan Note being payable to the order of each Term B Lender in a principal amount equal to such Term B Lender’s Pro Rata Share of the Term B Loans and representing the obligations of Atcon to pay such Term B Lender the amount of such Term B Lender’s Pro Rata Share of the Term B Loans or, if less, the aggregate unpaid principal amount of the Term B Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. Each Borrower irrevocably authorizes each applicable Lender to make or cause to be made appropriate notations on its Term Loan Notes, or on a record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender’s Term Loan Notes or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such 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 the Borrowers hereunder or under any Term Loan Note to make payments of principal of or interest on any Term Loan Note when due.

Term Notes. The obligations to repay the Original Term Loans and to pay interest thereon shall be evidenced by separate promissory notes of CBI to each applicable Lender in substantially the form of Exhibit C-2 attached hereto (the “"Original Term Loan Notes”"), with appropriate insertions, one Original Term Loan 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 Original Term Loans and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s 's Pro Rata Share of the Original Term Loans or, if less, the aggregate unpaid principal amount of the Original Term Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. The obligations to repay the Term B Loans and to pay interest thereon shall be evidenced by separate promissory notes of Atcon to each Term B Lender in substantially the form of Exhibit C-3 attached hereto (the “"Term B Loan Notes”"), with appropriate insertions, one Term B Loan Note being payable to the order of each Term B Lender in a principal amount equal to such Term B Lender’s 's Pro Rata Share of the Term B Loans and representing the obligations of Atcon to pay such Term B Lender the amount of such Term B Lender’s 's Pro Rata Share of the Term B Loans or, if less, the aggregate unpaid principal amount of the Term B Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. Each Borrower irrevocably authorizes each applicable Lender to make or cause to be made appropriate notations on its Term Loan Notes, or on a record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender’s 's Term Loan Notes or record shall be prima facie evidence of the principal amount thereof owing and unpaid to such 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 the Borrowers hereunder or under any Term Loan Note to make payments of principal of or interest on any Term Loan Note when due.

Term Notes. The obligations to repay Upon the Original Term Loans and to pay interest thereon shall be evidenced by separate promissory notes request of CBI to each applicable Lender in substantially the form of Exhibit C-2 attached hereto (the “Original any Term Loan NotesLender, the Borrowers shall execute and deliver to such Term Loan Lender a promissory note (each, a “Term Note”), with appropriate insertions, one Original Term Loan Note being which shall (i) be payable to the order of each Existing such Term Loan Lender and be dated the date of the issuance thereof, (ii) be in a stated principal amount equal to the Term Loan made by such Existing Term Loan Lender’s Pro Rata Share , (iii) represent the obligation of the Original Term Loans and representing the obligations of CBI Borrowers to pay to such Existing Term Loan Lender the such principal amount of such Existing Lender’s Pro Rata Share of the Original Term Loans or, if less, the aggregate unpaid principal outstanding amount of the Original Term Loans made by Loan of such Existing Lender hereunderTerm Loan Lender, plus interest accrued thereon, thereon as set forth in §4.6 or §4.7 herein, (iv) mature on the Term Loan Maturity Date and (v) be entitled to the benefits of this Credit Agreement and the other Loan Documents. The obligations to repay the Term B Loans and to pay interest thereon shall be evidenced by separate promissory notes of Atcon to Borrowers irrevocably authorize each Term B Loan Lender in substantially the form of Exhibit C-3 attached hereto (the “with a Term B Loan Notes”), with appropriate insertions, one Term B Loan Note being payable to the order of each Term B Lender in a principal amount equal to such Term B Lender’s Pro Rata Share of the Term B Loans and representing the obligations of Atcon to pay such Term B Lender the amount of such Term B Lender’s Pro Rata Share of the Term B Loans or, if less, the aggregate unpaid principal amount of the Term B Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. Each Borrower irrevocably authorizes each applicable Lender to make or cause to be made appropriate notations a notation on its such Term Loan Notes, or on a record pertaining thereon, Lender’s Term Note Record reflecting the original principal amount of such Term Loans and repayments thereof. The outstanding amount Loan Lender’s Term Loan Percentage of the Term Loans set forth Loan and, at or about the time of the receipt of any payment of principal on such Lender’s Term Note, an appropriate notation on such Lender’s Term Note Record reflecting the receipt of such payment. Each Term Loan Notes or record shall be prima facie evidence Lender holding a Term Note will, prior to any transfer of such Term Note, endorse on the reverse side thereof the outstanding principal amount thereof owing and unpaid to such Lender, but the failure of Term Loan evidenced thereby. Failure to make such notation or record, or any error in any such notation or record endorsement shall not limit or otherwise affect the Borrowers’ obligations in respect of the Borrowers hereunder or under any such Term Loan Note to make payments of principal of or interest on any Term Loan Note when dueLoan.

Term Notes. The obligations to repay the Original Term Loans and to pay interest thereon Loan shall be evidenced by separate promissory notes of CBI to each applicable Lender the Borrower in substantially the form of Exhibit C-2 attached F hereto (the “Original each a " Term Loan Notes”Note"), each dated the Closing Date (or such other date on which a Lender may become a party hereto in accordance with §18 hereof) and completed with appropriate insertions, one Original . One Term Loan Note being shall be payable to the order of each Existing Lender in a principal amount equal to such Existing Lender’s Pro Rata Share 's Commitment Percentage of the Original Term Loans Loan and representing the obligations obligation of CBI the Borrower to pay to such Existing Lender the such principal amount of such Existing Lender’s Pro Rata Share of the Original Term Loans or, if less, the aggregate unpaid principal outstanding amount of such Lender's Commitment Percentage of the Original Term Loans made by such Existing Lender hereunder, Loan plus interest accrued thereon, as set forth hereinbelow. The obligations to repay the Term B Loans and to pay interest thereon shall be evidenced by separate promissory notes of Atcon to each Term B Lender in substantially the form of Exhibit C-3 attached hereto (the “Term B Loan Notes”), with appropriate insertions, one Term B Loan Note being payable to the order of each Term B Lender in a principal amount equal to such Term B Lender’s Pro Rata Share of the Term B Loans and representing the obligations of Atcon to pay such Term B Lender the amount of such Term B Lender’s Pro Rata Share of the Term B Loans or, if less, the aggregate unpaid principal amount of the Term B Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. Each Borrower irrevocably authorizes each applicable Lender to make or cause to be made appropriate notations a notation on its such Lender's Term Loan Notes, or on a record pertaining thereon, Note Record reflecting Term Loans and repayments thereof. The outstanding the original principal amount of such Lender's Commitment Percentage of the Term Loans Loan and, at or about the time of such Lender's receipt of any principal payment on such Lender's Term Note, an appropriate notation on such Lender's Term Note Record reflecting such payment. The aggregate unpaid amount set forth on such Lender’s 's Term Loan Notes or record Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to make such notation or record, or any error in so recording, any such notation or record amount on such Lender's Term Note Record shall not limit or otherwise affect the obligations of the Borrowers Borrower hereunder or under any Term Loan Note or to make payments of principal of or and interest on any Term Loan Note when due.

Term Notes. The If requested by any Lender, the obligations to repay the Original Term A Loans and the FRTO Loans made by it and to pay interest thereon shall be evidenced by separate promissory notes of CBI the Borrower to each applicable Term A Lender and FRTO Lender, as applicable, in substantially the form of Exhibit C-2 EXHIBITS G-2 and G-3 attached hereto (as to the “Original Term Loan Notes”A Loans, the "TERM A LOAN NOTES"; as to the FRTO Loans, the "FRTO LOAN NOTES"), with appropriate insertions, with (i) one Original Term A Loan 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 Original requesting Term Loans and representing the obligations of CBI to pay such Existing Lender the amount of such Existing Lender’s Pro Rata Share of the Original Term Loans or, if less, the aggregate unpaid principal amount of the Original Term Loans made by such Existing Lender hereunder, plus interest accrued thereon, as set forth herein. The obligations to repay the Term B Loans and to pay interest thereon shall be evidenced by separate promissory notes of Atcon to each Term B Lender in substantially the form of Exhibit C-3 attached hereto (the “Term B Loan Notes”), with appropriate insertions, one Term B Loan Note being payable to the order of each Term B A Lender in a principal amount equal to such Term B A Lender’s Pro Rata Share of the 's Term B Loans A Loan Commitment and representing the obligations of Atcon the Borrower to pay such Term B A Lender the amount of such Term B A Lender’s Pro Rata Share of the 's Term B Loans A Loan Commitment or, if less, the aggregate unpaid principal amount of the Term B Loans A Loan made by such Term A Lender hereunder, plus interest accrued thereon, as set forth herein, and (ii) one FRTO Loan Note being payable to the order of such FRTO Lender in a principal amount equal to such requesting FRTO Lender's FRTO Loan Commitment and representing the obligations of the Borrower to pay such FRTO Lender the amount of such FRTO Lender's FRTO Loan Commitment or, if less, the aggregate unpaid principal amount of the FRTO Loans made by such FRTO Lender hereunder, plus interest accrued thereon, as set forth herein; PROVIDED that the decision of any Lender not to request a Term A Loan Note or a FRTO Loan Note shall in no way detract from the Borrower's obligation to repay the Term A Loans or FRTO Loans, respectively, and other amounts owing by the Borrower to such Lender. Each The Borrower irrevocably authorizes each applicable Term A Lender holding a Term A Loan Note and FRTO Lender holding a FRTO Loan Note, as applicable, to make or cause to be made appropriate notations on its Term Loan Note or Notes, or on a record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the applicable Term Loans Loan set forth on such Term A Lender or FRTO Lender’s 's applicable Term Loan Note or Notes or record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owing and unpaid to such 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 the Borrowers Borrower hereunder or under any Term Loan Note to make payments of principal of or interest on any Term Loan Note when due.

Term Notes. The obligations to repay Upon the Original Term Loans and to pay interest thereon shall be evidenced by separate promissory notes request of CBI to each applicable Lender in substantially the form of Exhibit C-2 attached hereto (the “Original any Term Loan Notes”Lender, the Borrowers shall execute and deliver to such Term Loan Lender a promissory note (each, a "Term Note"), with appropriate insertions, one Original Term Loan Note being which shall (i) be payable to the order of each Existing such Term Loan Lender and be dated the Closing Date, (or, in the case of Term Notes issued after the Closing Date, be dated the date of the issuance thereof), (ii) be in a stated principal amount equal to the Term Loan made by such Existing Term Loan Lender’s Pro Rata Share , (iii) represent the obligation of the Original Term Loans and representing the obligations of CBI Borrowers to pay to such Existing Term Loan Lender the such principal amount of such Existing Lender’s Pro Rata Share of the Original Term Loans or, if less, the aggregate unpaid principal outstanding amount of the Original Term Loans made by Loan of such Existing Lender hereunderTerm Loan Lender, plus interest accrued thereon, thereon as set forth in s. 4.6 or s. 4.7 herein, (iv) mature on the Term Loan Maturity Date and (v) be entitled to the benefits of this Credit Agreement and the other Loan Documents. The obligations to repay the Term B Loans and to pay interest thereon shall be evidenced by separate promissory notes of Atcon to Borrowers irrevocably authorize each Term B Loan Lender in substantially the form of Exhibit C-3 attached hereto (the “with a Term B Loan Notes”), with appropriate insertions, one Term B Loan Note being payable to the order of each Term B Lender in a principal amount equal to such Term B Lender’s Pro Rata Share of the Term B Loans and representing the obligations of Atcon to pay such Term B Lender the amount of such Term B Lender’s Pro Rata Share of the Term B Loans or, if less, the aggregate unpaid principal amount of the Term B Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. Each Borrower irrevocably authorizes each applicable Lender to make or cause to be made appropriate notations a notation on its such Term Loan Notes, or on a record pertaining thereon, Lender's Term Note Record reflecting the original principal amount of such Term Loans and repayments thereof. The outstanding amount Loan Lender's Term Loan Percentage of the Term Loans set forth Loan and, at or about the time of the receipt of any payment of principal on such Lender’s 's Term Note, an appropriate notation on such Lender's Term Note Record reflecting the receipt of such payment. Each Term Loan Notes or record shall be prima facie evidence Lender holding a Term Note will, prior to any transfer of such Term Note, endorse on the reverse side thereof the outstanding principal amount thereof owing and unpaid to such Lender, but the failure of Term Loan evidenced thereby. Failure to make such notation or record, or any error in any such notation or record endorsement shall not limit or otherwise affect the Borrowers' obligations in respect of the Borrowers hereunder or under any such Term Loan Note to make payments of principal of or interest on any Term Loan Note when dueLoan.