Common use of Accrual of Interest and Maturity; Evidence of Indebtedness Clause in Contracts

Accrual of Interest and Maturity; Evidence of Indebtedness. (a) The Canadian Borrower hereby unconditionally promises to pay to the Canadian Agent for the account of each Canadian Revolving Credit Lender the then unpaid principal amount of each Canadian Revolving Credit Advance (plus all accrued and unpaid interest) of such Canadian Revolving Credit Lender to the Canadian Borrower on the Canadian Revolving Credit Maturity Date and on such other dates and in such other amounts as may be required from time to time pursuant to this Agreement. Subject to the terms and conditions hereof, each Canadian Revolving Credit Advance shall, from time to time from and after the date of such Advance (until paid), bear interest at its Applicable Interest Rate. (b) Each Canadian Revolving Credit Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the Canadian Borrower to the appropriate lending office of such Canadian Revolving Credit Lender resulting from each Canadian Revolving Credit Advance made by such lending office of such Canadian Revolving Credit Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Canadian Revolving Credit Lender from time to time under this Agreement. (c) The Canadian Agent shall maintain the Register pursuant to Section 13.9(h), and a subaccount therein for each Canadian Revolving Credit Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount and currency of each Canadian Revolving Credit Advance made hereunder, (ii) the amount of any principal or interest due and payable or to become due and payable from the Canadian Borrower to each Canadian Revolving Credit Lender hereunder in respect of the Canadian Revolving Credit Advances and (iii) the amount and currency of any sum received by the Canadian Agent hereunder from the Canadian Borrower in respect of the Canadian Revolving Credit Advances and each Canadian Revolving Credit Lender’s share thereof. (d) The entries made in the Register maintained pursuant to paragraph (c) of this Section 2.A.2 and Section 13.9(h) shall, absent manifest error, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations of the Canadian Borrower therein recorded; provided, however, that the failure of any Canadian Revolving Credit Lender or the Canadian Agent to maintain the Register or any account, as applicable, or any error therein, shall not in any manner affect the obligation of the Canadian Borrower to repay the Canadian Revolving Credit Advances (and all other amounts owing with respect thereto) made to the Canadian Borrower by the Canadian Revolving Credit Lenders in accordance with the terms of this Agreement. (e) The Canadian Borrower agrees that, upon written request to the Canadian Agent by any Canadian Revolving Credit Lender, the Canadian Borrower will execute and deliver, to such Canadian Revolving Credit Lender, at the Canadian Borrower’s expense, a Canadian Revolving Credit Note evidencing the outstanding Canadian Revolving Credit Advances owing to such Canadian Revolving Credit Lender.