If the all of the applicable conditions precedent set forth in the Post V possess come came across with the or before the Get better Go out,

Desire into Financing shall be computed based on the true number of weeks inside per Desire Period and you can a beneficial 360-time season

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(b) The Loan shall initially be evidenced by a single amended and restated promissory note (the Notice) of Borrower in the form of Exhibit A hereto dated the Closing Date and payable to Lender. Borrower agrees that Lender is authorized to record on the Note (i) the date and amount of each Loan Advance made by Lender pursuant hereto and (ii) the date and amount of each payment of principal of each Loan Advance, in the books and records of Lender in such manner as is reasonable and customary for Lender, and that a certificate of an officer of Lender, setting forth in reasonable detail the information so recorded, shall constitute prima facie evidence of the accuracy of the information so recorded, absent manifest error; offered that the failure to make any such recording shall not in any way affect the Obligations of Borrower or the rights of Lender hereunder or under the Note.

Section 2.02 Procedure for Borrowing. (a) Borrower may borrow under the Facility during the Commitment Period on any Advance Date; provided, that Borrower shall have given Lender irrevocable notice (each, a Find regarding Credit), which notice (i) shall be substantially in the form of Exhibit B, (ii) shall be signed by a Responsible Officer of Borrower and be received by Lender prior to 3:00 p.m. (New York time) three (3) Business Days prior to the related Advance Date, and (iii) shall specify (A) the dollar amount of the requested Loan Advance, (B) the value of the Portfolio Excess Spread on Borrower’s books and records; (C) the requested Advance Date and (D) the information required to be included in the Asset Schedule with respect to each such Asset in mutually acceptable electronic form.

(b) If Borrower shall deliver to Lender a Notice of Borrowing that satisfies the requirements of Section 2.02(a), Lender will notify Borrower of its intent to remit the requested Loan Amount one (1) Business Day prior to the requested Advance Date. after that subject to the foregoing, on the Advance Date, Lender shall remit or cause to be remitted the amount of the requested Loan Advance in U.S. Dollars and in immediately available funds to the account specified by Borrower.

(c) Abreast of while making each Loan Get better hereunder, the new Investment Schedule is automatically current to incorporate each of this new Possessions on the Advantage Plan attached to the Observe out of Borrowing from the bank.

Section 2.03 Repayment and you can Prepayment from Prominent. (a) Borrower hereby promises to repay the entire outstanding principal amount of the Loan on the Termination Date.

(b) Of the notifying Lender written down one or more (1) Business day ahead of time, Borrower might be let, during the their alternative, in order to prepay, susceptible to Area dos.twelve, the mortgage in whole or perhaps in area at any time, together with accrued and you can unpaid interest on number very prepaid service.

Notwithstanding almost anything to the opposite, in the identity with the Arrangement, the lender ounts on account of accumulated and you will unpaid interest you to create if you don’t end up being considering the Debtor in accordance with the netting terms established when you look at the Point hereof

Section 2.04 Interest. On each Interest Payment Date, Borrower hereby promises to pay to Lender all accrued and unpaid interest on the Loan, as invoiced by Lender three (3) Business Days prior to the related Interest Payment Date (the Interest Statement Go out); provided that if Lender fails to deliver such statement on the Interest Statement Date, on such Interest Payment Date Borrower shall pay the amount which Borrower calculates as the interest due and upon delivery of the statement, Borrower shall remit to Lender any shortfall, or Lender shall refund to Borrower any excess, in the interest payment paid. Interest shall accrue each day on the unpaid principal loans Albertville AL amount of the Loan at a rate per annum equal to the Interest Rate.