Common use of Term Notes Clause in Contracts

Term Notes. The Term Loans shall be evidenced by: (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan A or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note A to repay the principal amount of Term Loan A, together with all interest accruing thereon. (b) a Term Note B (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereon.

Term Notes. The obligations to repay the Term Loans and to pay ---------- interest thereon shall be evidenced by: by separate promissory notes of the Borrower to each Lender in substantially the form of Exhibit C-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the ----------- "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of the Bank. At the time each Lender in a principal amount equal to such Lender's Pro Rata Share of the disbursement Term Loans and representing the obligations of the Borrower to pay such Lender the amount of such Lender's Pro Rata Share of the Term Loans or, if less, the aggregate unpaid principal amount of the Term Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrower irrevocably authorizes each Lender to make or cause to be made appropriate notations on its Term Loan A Note, or on a repayment made in whole or in part record pertaining thereon, a notation thereof reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie ----------- evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of the Borrower hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The obligations to repay the Term Loans and to pay interest thereon shall be evidenced by: by separate promissory notes of the Borrower to each Lender in substantially the form of EXHIBIT C-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of the Bank. At the time each Lender in a principal amount equal to such Lender's Pro Rata Share of the disbursement Term Loans and representing the obligations of the Borrower to pay such Lender the amount of such Lender's Pro Rata Share of the Term Loans or, if less, the aggregate unpaid principal amount of the Term Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrower irrevocably authorizes each Lender to make or cause to be made appropriate notations on its Term Loan A Note, or on a repayment made in whole or in part record pertaining thereon, a notation thereof reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of the Borrower hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The obligations to repay the Term Loans and to pay ---------- interest thereon shall be evidenced by: by separate promissory notes of the Borrower to each Lender in substantially the form of Exhibit C-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the ----------- "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of the Bank. At the time each Lender in a principal amount equal to such Lender's Pro Rata Share of the disbursement Term Loans and representing the obligations of the Borrower to pay such Lender the amount of such Lender's Pro Rata Share of the Term Loans or, if less, the aggregate unpaid principal amount of the Term Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrower irrevocably authorizes each Lender to make or cause to be made appropriate notations on its Term Loan A Note, or on a repayment made in whole or in part record pertaining thereon, a notation thereof reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such ----- ----- Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of the Borrower hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The If so requested by a Lender (at or at any after the Funding Date), the obligations of the Borrower to repay the Term Loans and to pay interest thereon shall be evidenced by: (a) by a Term Note A (together Note, with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "appropriate insertions. One Term Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable shall be issued to the order of each Lender that so requests a Term Note, and such Term Note shall be in a principal amount equal to such Lender’s Term Loan Commitment (or in the Bank. At event such Notes are issued after the time Funding Date, the amount of Term Loans owed to such Lender) and shall represent the obligations of the disbursement Borrower to pay such Lender the amount of such Lender’s Term Loan, plus interest accrued thereon, as set forth herein. The Borrower irrevocably authorizes each Lender that has been issued a Term Note to make or cause to be made appropriate notations on its Term Note, or on a record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loan A set forth on such Lender’s Term Note or a repayment made in whole or in part thereon, a notation thereof record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of the Borrower hereunder or under any Term Note A to make payments of principal of or interest on any Term Note when due. Any of the foregoing to the contrary notwithstanding, any lack of a Lender’s request to be issued a Term Note shall not, in any manner, diminish the Borrower’s obligations to repay the principal amount of Term Loan ALoans made by such Lender, together with all interest accruing thereonother amounts owing to such Lender by the Borrower. (b) a Term Note B (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereon.

Term Notes. The obligations to repay the Term Loans and to pay ---------- interest thereon shall be evidenced by: by separate promissory notes of the Borrower to each Lender in substantially the form of Exhibit C-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the ----------- "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of the Bank. At the time each Lender in a principal amount equal to such Lender's Pro Rata Share of the disbursement Term Loans and representing the obligations of the Borrower to pay such Lender the amount of such Lender's Pro Rata Share of the Term Loans or, if less, the aggregate unpaid principal amount of the Term Loans made by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrower irrevocably authorizes each Lender to make or cause to be made appropriate notations on its Term Loan A Note, or on a repayment made in whole or in part record pertaining thereon, a notation thereof reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such ----------- Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of the Borrower hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The obligations to repay the Term Loans and to pay ---------- interest thereon shall be evidenced by: by separate promissory notes of the Borrowers to each Lender in substantially the form of Exhibit E-2 attached ----------- hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of each Lender in a principal amount equal to such Lender's Term Loan Commitment and representing the Bank. At the time obligations of the disbursement Borrowers to pay such Lender the amount of such Lender's Term Loan A or a repayment Commitment or, if less, the aggregate unpaid principal amount of the Term Loans made in whole or in part by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrowers irrevocably authorize each Lender to make or cause to be made appropriate notations on its Term Loan Note, or on a notation thereof record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued ----- ----- thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of Borrower the Borrowers hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The obligations to repay the Term Loans and to pay interest thereon shall be evidenced by: by separate promissory notes of the Borrowers to each Lender in substantially the form of Exhibit E-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of each Lender in a principal amount equal to such Lender's Term Loan Commitment and representing the Bank. At the time obligations of the disbursement Borrowers to pay such Lender the amount of such Lender's Term Loan A or a repayment Commitment or, if less, the aggregate unpaid principal amount of the Term Loans made in whole or in part by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrowers irrevocably authorize each Lender to make or cause to be made appropriate notations on its Term Loan Note, or on a notation thereof record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of Borrower the Borrowers hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The obligations to repay the Term Loans and to pay interest thereon shall be evidenced by: by separate promissory notes of the Borrowers to each Lender in substantially the form of Exhibit G-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of each Lender in a principal amount equal to such Lender's Term Loan Commitment and representing the Bank. At the time obligations of the disbursement Borrowers to pay such Lender the amount of such Lender's Term Loan A or a repayment Commitment or, if less, the aggregate unpaid principal amount of the Term Loan made in whole or in part by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrowers irrevocably authorize each Lender to make or cause to be made appropriate notations on its Term Loan Note, or on a notation thereof record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loan set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding prima facie evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of Borrower the Borrowers hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.

Term Notes. The obligations to repay the Term Loans and to pay interest thereon shall be evidenced by: by separate promissory notes of the Borrowers to each Lender in substantially the form of EXHIBIT E-2 attached hereto (a) a Term Note A (together with any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Loan Notes"), with appropriate insertions, one Term Loan Note A") in the form prepared by and acceptable to the Bank, duly executed by Borrower and being payable to the order of each Lender in a principal amount equal to such Lender's Term Loan Commitment and representing the Bank. At the time obligations of the disbursement Borrowers to pay such Lender the amount of such Lender's Term Loan A or a repayment Commitment or, if less, the aggregate unpaid principal amount of the Term Loans made in whole or in part by such Lender hereunder, plus interest accrued thereon, as set forth herein. The Borrowers irrevocably authorize each Lender to make or cause to be made appropriate notations on its Term Loan Note, or on a notation thereof record pertaining thereon, reflecting Term Loans and repayments thereof. The outstanding amount of the Term Loans set forth on such Lender's Term Loan Note or record shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding PRIMA FACIE evidence of (i) the principal amount of Term Loan A advanced hereunder, (ii) any accrued thereof owing and unpaid interest owing on Term Loan A and (iii) all amounts repaid on Term Loan A. The to such Lender, but the failure to record any make such amount notation or record, or any error in recording such amounts notation or record shall not, however, not limit or otherwise affect the obligations of Borrower the Borrowers hereunder or under Term Note A to repay the principal amount of any Term Loan A, together with all Note to make payments of principal of or interest accruing thereon. (b) a Term Note B (together with on any and all renewal, extension, modification, substitute or replacement notes executed by Borrower and given in substitution therefor, the "Term Note B") in the form prepared by and acceptable to the Bank, duly executed by Borrower and payable to the order of the Bank. At the time of the disbursement of Term Loan B or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Bank. All amounts recorded shall be, absent demonstrable error, conclusive and binding evidence of (i) the principal amount of Term Loan B advanced hereunder, (ii) any accrued and unpaid interest owing on Term Loan B and (iii) all amounts repaid on Term Loan B. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect the obligations of Borrower under Term Note B to repay the principal amount of Term Loan B, together with all interest accruing thereonwhen due.