Common use of The Term Notes Clause in Contracts

The Term Notes. Term Loan A, issued by Term Loan A Lenders, shall be evidenced by separate promissory notes of the Borrowers, each in substantially the form of Exhibit G-1 hereto (each a “Term Note A”), with the Term Notes previously issued to Term Loan A Lenders under the Existing Loan Agreement being amended and restated on the Restatement Effective Date to reference the Borrowers. Term Loan B, issued by Term Loan B Lenders, shall be evidenced by separate promissory notes of the Borrowers, each in substantially the form of Exhibit G-2 hereto (each a “Term Note B”) and issued to the Term Loan B Lenders on the Restatement Effective Date. The Borrowers irrevocably authorize each Term Loan Lender to make or cause to be made a notation on such Term Loan Lender’s records reflecting the original principal amount of such Term Loan Lender’s portion of the Term Loan and, at or about the time of the Term Loan Lender’s receipt of any principal payment on the Term Note, an appropriate notation on such Term Loan Lender’s records reflecting such payment. The aggregate unpaid amount set forth on each Term Loan Lender’s records shall be prima facie evidence of the principal amount thereof owed and unpaid on such Term Loan Lender’s Term Loan, but the failure to record, or any error in so recording, any such amount on such Term Loan Lender’s records shall not affect the obligations of the Borrowers hereunder or under any Term Notes to make payments of principal of and interest on the Term Notes when due.

Appears in 1 contract

Sources: Loan and Security Agreement (Gander Mountain Co)

The Term Notes. On making the Term Loan Apursuant to Section 2.4, issued each Lender shall cancel on its records the Bridge Note held by it and all amounts outstanding thereunder, which corresponding amount shall be satisfied by the conversion to the Term Loan A Lenders, and the issuance by the Company of Term Notes with respect thereto. The Term Loan shall be evidenced by separate promissory notes Term Notes dated the Initial Maturity Date, which the Company shall execute and deliver to each Lender completed with appropriate insertions. One Bridge Note shall be payable to the order of each Lender in a principal amount equal to such Lender's Term Loan Commitment, representing the obligation of the BorrowersCompany to pay to such Lender such principal amount or, each in substantially if less, the form outstanding amount of Exhibit G-1 hereto (each a “such Lender's Term Note A”)Loan, with the Term Notes previously issued to Term Loan A Lenders under the Existing Loan Agreement being amended and restated on the Restatement Effective Date to reference the Borrowers. Term Loan B, issued by Term Loan B Lenders, shall be evidenced by separate promissory notes of the Borrowers, each in substantially the form of Exhibit G-2 hereto (each a “Term Note B”) and issued to the Term Loan B Lenders on the Restatement Effective Dateplus interest accrued thereon. The Borrowers Company irrevocably authorize authorizes each Term Loan Lender to make or cause to be made a notation on such Lender's Term Loan Lender’s records Note Record reflecting the original principal amount of such Lender's Term Loan Lender’s portion of the Term Loan Commitment and, at or about the time of the Term Loan such Lender’s 's receipt of any principal payment on the such Lender's Term Note, an appropriate notation on such Lender's Term Loan Lender’s records Note Record reflecting such payment. The aggregate unpaid amount set forth on each such Lender's Term Loan Lender’s records Note Record shall be prima facie PRIMA FACIE evidence of the principal amount thereof owed owing and unpaid on to such Term Loan Lender’s Term Loan, but the failure to record, or any error in so recording, any such amount on such Lender's Term Loan Lender’s records Note Record shall not affect the obligations of the Borrowers Company hereunder or under any Term Notes Note to make payments of principal of and interest on the any Term Note when due. The Term Notes when due(i) will be subordinated to the Senior Debt in accordance with Section 11, (ii) will bear interest as set forth in Section 4 hereof (including the payment of certain interest in the form of Secondary Term Notes), (iii) will be subject to optional or mandatory redemption under certain circumstances as described in Section 4, and (iv) will be subject to conversion into Exchange Notes as provided in Section 5.

Appears in 1 contract

Sources: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

The Term Notes. Each Term Loan A, issued by Term Loan A Lenders, Note shall be evidenced by separate promissory notes represent the obligation of the BorrowersBorrower to pay to such Bank such principal amount or, each in substantially if less, the form Outstanding amount of Exhibit G-1 hereto (each a “Term Note A”), with such Bank's Commitment Percentage of the Term Notes previously issued to Term Loan A Lenders under the Existing Loan Agreement being amended and restated on the Restatement Effective Date to reference the Borrowers. Term Loan BLoan, issued by Term Loan B Lendersplus interest accrued thereon, shall be evidenced by separate promissory notes of the Borrowers, each in substantially the form of Exhibit G-2 hereto (each a “Term Note B”) and issued to the Term Loan B Lenders on the Restatement Effective Dateas set forth below. The Borrowers Borrower irrevocably authorize each Term Loan Lender authorizes the Agent to make or cause to be made a notation on such the Agent's Term Loan Lender’s records Note Record reflecting the original principal amount of such Term Loan Lender’s portion each Bank's Commitment Percentage of the Term Loan and, at or about the time of the Term Loan Lender’s Agent's receipt of any principal payment on the any Term Note, an appropriate notation on such the Term Loan Lender’s records Note Record reflecting such payment. The aggregate unpaid amount set forth on each Term Loan Lender’s records Note Record shall be prima facie evidence of the principal amount thereof owed owing and unpaid on such Term Loan Lender’s Term Loanto each Bank, but the failure to record, or any error in so recording, any such amount on such the Term Loan Lender’s records Note Record shall not affect the obligations of the Borrowers Borrower hereunder or under any Term Notes Note to make payments of principal of and interest on any Term Note when due. Schedule of Installment Payments of Principal of Term Loan. The Borrower promises to pay to the Agent for the account of the Banks the principal amount of the Term Notes when dueLoan in (a) twenty (20) consecutive quarterly installments of $750,000, such installments to be due and payable on the last day of each fiscal quarter of the Borrower commencing with the fiscal quarter ending September 30, 1996, and (b) seven (7) consecutive quarterly installments of $1,250,000, such installments to be due and payable on the last day of each fiscal quarter of the Borrower commencing with the fiscal quarter ending September 30, 2001, with a final payment of all remaining Outstanding principal amounts of the Term Loan, together with all accrued and unpaid interest thereon, due and payable on the Term Loan Maturity Date. In addition, the Borrower promises to pay to the Agent for the respective accounts of the Banks those amounts as are required to be paid pursuant to any asset disposition consummated in connection with Section 9.5.2. after the Conversion Date, in the manner and at the times set forth in Section 9.5.2, which amounts shall be applied to the Outstanding Term Loan in the inverse order of maturity.

Appears in 1 contract

Sources: Construction and Term Loan Agreement (Trailer Bridge Inc)