Promissory Note Template Page 16
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28PLEASE NOTE THAT ITEMS HIGHLIGHTED IN YELLOW MAY BE VARIABLE BETWEEN
PROMISSORY NOTES, DEPENDING ON THE COMMERCIAL TERMS SET OUT
13.3
The Obligor herby undertakes to notify the Lenders and CM of the occurrence of any event of
default (including an Event of Default under this Note) under this Note immediately upon
becoming aware of it and will from time to time on CM’s request, deliver to the Lenders and CM
a certificate if by the Guarantors, signed by itself and if by the Borrower, signed by one of its
partners/directors confirming that no event of default has occurred or setting out details of any
event of default and the action, if any, taken or proposed to be taken to remedy it.
LENDER’S REPRESENTATIONS AND WARRANTIES
14.
14.1
The Lender’s acceptance of this Note is subject to it representing and warranting that on the
date hereof and during the duration of the Note that:
(a) if it is not a natural person, that it is duly incorporated or formed and, the extent such concept
exists in its jurisdiction of organization, and is in good standing under the laws of such
jurisdiction;
(b) it has the power and capacity to enter into, exercise its rights and perform and comply with
its obligations under this Note;
(c) if it is not a natural person, the entering into, exercising of its rights, performance and
compliance with its obligations under this Note have been duly authorized by all necessary
corporate or other entity action on the part of such Lender and are in full force and effect;
(d) all actions, conditions and things required to be taken, fulfilled and done including, without
limitation, the obligating of any necessary consents or license or the making of any filing or
registration in order to enable it to lawfully enter into, exercise its rights, perform and comply
with the obligations under this Note have been taken, fulfilled and done;
(e) its entry into, exercise of its rights and/or performance of or compliance with its obligations
under this Note, do not and will not violate, or exceed any power or restriction granted or
imposed by any law, regulation, constitutional documents, authorisation, any agreement or
instrument binding upon it or any of its assets or constitute a default or termination event
(however described) under any such agreement or instrument, authorisation, directive or
order whether or not having the force of law to which it is subject;
(f) its obligations under this Note are valid, binding and enforceable in accordance with their
terms;
(g) any representation, information or statement made or deemed to be made by the Lenders
in this Note or any other document delivered by or on behalf of any Lender under or in
connection with any document supplementing this Note is true and correct to the best of
their knowledge in all material aspects; and
(h) all funds lent under this Note are the Lender’s own unless the Lender is authorised to lend
funds on behalf of a third party, the disclosure of such authorisation made to CM.
15.
GUARANTEE
15.1
This Note is secured by a Deed of Guarantee attached to herewith, duly executed and delivered
at the same time this Note is issued and forms part of this Note.
16.
NON-DISCLOSURE
16.1
All personal information relating to any individual Lender, other than provided herein, shall be
held in strictest confidence, and CM will not disclose such information unless required to do so
by law or if consent is given in writing by the individual Lender.
16.2
All parties to this Note agree and undertake that all contents of this Note shall not be disclosed
in whole or in part unless required to do so by law or except with the express written consent of
CM.
Page 16 of 28
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