Variable Funding Notes Clause Samples

Variable Funding Notes. (i) All Variable Funding Notes shall be issued and delivered in fully registered, certificated form (the “Definitive Variable Funding Notes”) or, at the request of a Holder or transferee, in uncertificated, fully registered form evidenced by entry in the Note Registrar (the “Uncertificated Notes”) if provided for in its Series Supplement. Any Definitive Variable Funding Notes shall be substantially in the form or forms provided for in the Series Supplement for such Series; provided, however, that any of the Definitive Variable Funding Notes may be issued with appropriate insertions, omissions, substitutions and variations, and may have imprinted or otherwise reproduced thereon such legend or legends, not inconsistent with the provisions of this Base Indenture, as may be required to comply with any law or with rules or regulations pursuant thereto, or with the rules of any securities market in which the Variable Funding Notes may be admitted to trading, or to conform to general usage. The Variable Funding Notes shall be revolving or delayed draw Notes. Additional borrowings may be made under any Variable Funding Notes pursuant to the applicable Variable Funding Note Purchase Agreement and, if it is a revolving Note, the principal of the Variable Funding Notes may be repaid and reborrowed pursuant to the terms of the applicable Variable Funding Note Purchase Agreement. The Variable Funding Notes shall be issued in minimum denominations of $25,000 and in any whole dollar denomination in excess thereof. With respect to any Uncertificated Note, the Indenture Trustee shall provide a Confirmation of Registration to the applicable Holder, upon request of such Holder, after registration of the Uncertificated Note in the Note Register by the Note Registrar. (ii) The Variable Funding Notes (other than Uncertificated Notes) shall be executed by manual, electronic or facsimile signature by an Authorized Officer of the Issuer. Definitive Variable Funding Notes bearing the manual, electronic or facsimile signatures of individuals who were at any time the Authorized Officers of the Issuer shall be entitled to all benefits under this Base Indenture, subject to the following sentence, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Variable Funding Notes or did not hold such offices at the date of such Variable Funding Notes. No Variable Funding Note (other than Uncertificated Notes) shal...

Variable Funding Notes. The Borrower has heretofore delivered or shall, on the Fifth Amendment Effective Date (and on the terms and subject to the conditions hereinafter set forth), deliver, to each Lender (if requested by such Lender), at the address set forth in Section 11.02, and on the effective date of any Joinder Supplement, to each additional Lender (if requested by such Lender), at the address set forth in the applicable Joinder Supplement, a duly executed variable funding note (each a “Variable Funding Note”), in substantially the form of Exhibit I, in an aggregate face amount equal to the applicable Lender’s Commitment as of the date hereof or the effective date of any Joinder Supplement, as applicable, and otherwise duly completed. Interest shall accrue on the Variable Funding Notes, and the Variable Funding Notes shall be payable, as described herein. On the terms and conditions hereinafter set forth, the Borrower shall deliver on the Fifth Amendment Effective Date to the Swingline Lender, at the applicable address set forth in Section 11.02, a duly executed Swingline Note, in an aggregate face amount equal to the Swingline Commitment as of the Fifth Amendment Effective Date and otherwise duly completed.

Variable Funding Notes. The Loans made by each Group shall be evidenced by promissory notes of the Borrower, substantially in the form of Exhibit A hereto (the “VFN” or “Variable Funding Notes”), payable to the order of the related Managing Agent for such Group for the account of the related Lender or Bank Investors, as applicable. Each Managing Agent shall record the date and amount of each Loan made and the date and amount of each payment of principal thereof, and any such recordation shall constitute prima facie evidence of the accuracy of the information so recorded. Each VFN shall (a) be dated the date hereof, (b) be stated to mature on the Scheduled Termination Date, and (c) provide for the payment of principal, interest and fees in accordance with Section 2.5 and Section 2.6 hereof.

Variable Funding Notes. The Notes shall be in substantially the form attached as Exhibit A hereto. Except as otherwise expressly provided herein, the Notes will be issued in fully registered form only and shall be numbered serially for identification. The terms of the Notes set forth in Exhibit A to this Indenture are part of the terms of this Indenture. The Notes shall be typewritten, word processed, printed, lithographed, engraved or produced by any combination of these methods, all as determined by the officers executing such Notes, as evidenced by their execution of such Notes.

Variable Funding Notes. 77 SECTION 13.01. Designation.......................................... 77 SECTION 13.02.

Variable Funding Notes. Certain provisions of this Base Indenture and the Related Documents (including without limitation the definition of Note Majority) base the rights of a holder or holders of Notes to take certain actions (including without limitation the right to vote in respect of amendments, waivers or other modifications to the Related Document or to direct the Trustee to take certain actions) based on the aggregate outstanding principal balance of the Notes held by such holder or holders. Certain holders of Notes may have, or may represent Persons who have, commitments to fund additional amounts under Notes (each such commitment being a "Variable Funding Commitment"). In determining whether the requisite votes, directions or consents have been cast or given for a particular action, only the outstanding principal balance of Notes shall be considered. However, at the same time that the Indenture Trustee makes such a determination, it shall also determine whether the requisite votes, directions or consents would have been cast or given for such action had those persons with Variable Funding Commitments been deemed to hold Notes with an aggregate principal balance equal to the maximum amount that may be funded under such Variable Funding Commitment, without regard to whether such amount is actually funded at the time of the requisite determination. In the event that the results of a hypothetical tally based on such deemed principal balance are contrary to the actual results based on actual principal balances outstanding, then each Noteholder who voted with the group prevailing in such hypothetical tally shall have the option to elect (in the manner set forth in the related note purchase agreement or similar agreement) to be released from the obligation to provide further funding pursuant to such Noteholder's Variable Funding Commitment.

Variable Funding Notes. Any Series of variable funding notes shall initially be sold to investors in reliance on an exemption from the registration requirements of the Securities Act. Any such Series of Notes shall be issued in the form of one or more variable funding notes (each, a “Variable Funding Note”) in fully registered form without interest coupons substantially in the form set forth in the applicable Supplement with such legends as may be applicable thereto, duly executed by CRCF and authenticated by the Trustee as provided in Section 2.4. The aggregate outstanding principal amount of a Series of Variable Funding Notes may from time to time be increased or decreased in accordance with the applicable Supplement.

Variable Funding Notes