Common use of Calculations and Evidence of Debt Clause in Contracts

Calculations and Evidence of Debt. 37.1 Interest and commitment commission shall accrue from day to day and shall be calculated on the basis of a year of 360 days or in the case of sterling 365 days (or, if market practice differs, in accordance with market practice) and the actual number of days elapsed. 37.2 Each Bank shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder. 37.3 The Agent shall maintain on its books a control account or accounts in which shall be recorded (i) the amount of any Advance made or arising hereunder and each Bank's share therein, (ii) the amount of all principal, interest and other sums due or to become due from any of the Borrowers to any of the Banks hereunder and each Bank's share therein and (iii) the amount of any sum received or recovered by the Agent hereunder and each Bank's share therein. 37.4 In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clauses 37.2 and 37.3, save for manifest error, shall be conclusive evidence of the existence and amounts of the obligations of the Obligors therein recorded. 37.5 A certificate of a Bank as to (i) the amount by which a sum payable to it hereunder is to be increased under Clause 14.1 or (ii) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 14.2 or 16.1 shall, in the absence of manifest error, be conclusive for the purposes of this Agreement.

Appears in 2 contracts

Samples: Loan Facility (Gulfmark International Inc), Loan Facility Agreement (Gulfmark Offshore Inc)

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Calculations and Evidence of Debt. 37.1 36.1 Interest and commitment commission fees shall accrue from day to day and shall be calculated on the basis of a year of 360 days or in the case of sterling 365 days (or, if in any case where market practice differs, in accordance with market practice) and the actual number of days elapsed. 37.2 36.2 If on any occasion a Reference Bank or Bank fails to supply the Agent with a quotation required of it under the foregoing provisions of this Agreement, the rate for which such quotation was required shall be determined from those quotations which are supplied to the Agent. 36.3 Each Bank shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder. 37.3 36.4 The Agent shall maintain on its books a control account or accounts in which shall be recorded (i) the amount of any Advance made or arising hereunder and each Bank's share therein, (ii) the amount of all principal, interest and other sums due or to become due from any of the Borrowers Borrower to any of the Banks hereunder and each Bank's share therein and (iii) the amount of any sum received or recovered by the Agent hereunder and each Bank's share therein. 37.4 36.5 In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clauses 37.2 36.3 and 37.336.4 shall, save for in the absence of manifest error, shall be conclusive evidence of the existence and amounts of the obligations of the Obligors Borrower therein recorded. 37.5 36.6 A certificate of a Bank as to (i) the amount by which a sum payable to it hereunder is to be increased under Clause 14.1 13.1 or (ii) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 14.2 13.2 or 16.1 shall, in the absence of manifest errorif supported by relevant documentation, be conclusive for the purposes of this Agreement.

Appears in 1 contract

Samples: Senior Subordinated Facility Agreement (Ifco Systems Nv)

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Calculations and Evidence of Debt. 37.1 35.1 Interest and commitment commission shall accrue from day to day and shall be calculated on the basis of a year of 360 days or in the case of sterling 365 days (or, if market practice differs, in accordance with market practice) and the actual number of days elapsed. 37.2 35.2 Each Bank shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder. 37.3 35.3 The Agent shall maintain on its books a control account or accounts in which shall be recorded (i) the amount of any Advance made or arising hereunder and each Bank's share therein, (ii) the amount of all principal, interest and other sums due or to become due from any of the Borrowers Borrower to any of the Banks hereunder and each Bank's share therein and (iii) the amount of any sum received or recovered by the Agent hereunder and each Bank's share therein. 37.4 35.4 In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clauses 37.2 35.2 and 37.335.3, save for manifest error, shall be conclusive evidence of the existence and amounts of the obligations of the Obligors therein recorded. 37.5 35.5 A certificate of a Bank as to (i) the amount by which a sum payable to it hereunder is to be increased under Clause 14.1 13.1 or (ii) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Clause 14.2 13.2 or 16.1 15.1 shall, in the absence of manifest error, be conclusive for the purposes of this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Gulfmark Offshore Inc)

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