This excerpt taken from the MCRI 10-Q filed May 11, 2009.
NOTICE OF BORROWING
TO: WELLS FARGO BANK, National Association, in its capacity as Agent Bank under that certain Amended and Restated Credit Agreement dated as of January 20, 2009 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), by and among Golden Road Motor Inn, Inc., a Nevada corporation (the Borrower), the Guarantor therein named, the Lenders therein named (each, together with their respective successors and assigns, individually being referred to as a Lender and collectively as the Lenders), Wells Fargo Bank, National Association, as the swingline lender (herein in such capacity, together with its successors and assigns, the Swingline Lender), Wells Fargo Bank, National Association, as the issuer of letters of credit thereunder (herein in such capacity, together with their successors and assigns, the L/C Issuer) and Wells Fargo Bank, National Association, as administrative and collateral agent for the Lenders, Swingline Lender and L/C Issuer (herein, in such capacity, called the Agent Bank and, together with the Lenders, Swingline Lender and L/C Issuer, collectively referred to as the Banks). Capitalized terms used herein without definition shall have the meanings attributed to them in Section 1.01 of the Credit Agreement.
Pursuant to Section 2.03(a) of the Credit Agreement, this Notice of Borrowing represents Borrowers request for a Borrowing to be advanced on , 200 (the Funding Date) from the Lenders (each to advance in proportion to their respective Syndication Interests) in the aggregate principal amount of ($ ) in [Base Rate] [LIBO Rate for which the initial LIBO Loan Interest Period is requested to be a ( ) month period]. Proceeds of such Borrowing are to be disbursed on the Funding Date in immediately available funds to the Designated Deposit Account at Agent Banks Main Branch at , , Nevada, Account No. .
Borrower hereby certifies that (i) the representations and warranties contained in Article IV of the Credit Agreement, in each of the Loan Documents and in the Environmental Certificate (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date), shall be true and correct in all material respects on and as of the Funding Date as though made on and as of the Funding Date, except to the extent that such representations and warranties are not true and correct as a result of a