Evidence of Advances. Each Advance and all repayments thereof shall be evidenced by the applicable Lender’s loan accounts and records. Such loan accounts and records shall be conclusive absent manifest error of the amount of the Advances and repayments thereof. Any failure to record any Advance or repayment thereof or any error in doing so shall not limit or otherwise affect the obligation of the Borrower to pay any amount owing with respect to the Advances.
Evidence of Advances. (a) Each Lender shall maintain an account or accounts evidencing each Advance made by such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. Each Lender will make reasonable efforts to maintain the accuracy of its account or accounts, and to update promptly its account or accounts from time to time, as necessary.
(b) The Administrative Agent shall maintain the Register pursuant to Section 7.05(c) and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the date, amount and Interest Period, if applicable, of each Advance, and whether such Advance is a Base Rate Advance, a Eurodollar Rate Advance or a Swing Line Advance, (ii) the amount of any principal or interest due and payable or to become due and payable to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from or for the account of the Borrower and each Lender’s percentage share thereof. The Administrative Agent will make reasonable efforts to maintain the accuracy of the subaccounts referred to in the preceding sentence and to update promptly such subaccounts from time to time, as necessary.
(c) The entries made in the Register and subaccounts maintained pursuant to Section 2.07(b), to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of such obligations of the Borrower therein recorded; provided, that the failure of the Administrative Agent or any Lender to maintain any such Register, subaccount or account, as applicable, or any error therein, shall not in any manner affect the obligations of the Borrower to repay the Advances in accordance with the terms thereof.
(d) Upon the request of any Lender, which request shall be made through the Administrative Agent to the Borrower, the Borrower shall deliver to such Lender a duly executed Note in the form of Exhibit D with appropriate insertions as to dates and principal amounts.
Evidence of Advances. Each Advance will be evidenced by an unsecured promissory note in the form attached hereto as Exhibit A executed by the Company and payable to Lender on the Draw Date (a “Note”). If the Company voluntarily grants a security interest (other than a purchase money security interest or a mortgage loan) to any third party for indebtedness first incurred by the Company (other than purchase money indebtedness or mortgage loans) during the Term, then the Company shall also grant to Lender a security interest on identical security terms given to, and on a pari passu basis with, such third party. Lender shall and the Company shall act reasonably and on market terms in connection with any inter-creditor lien agreement requested by such other lien holder. The Company shall not otherwise be restricted from incurring any indebtedness, raising any capital or granting any security interest during the Term.
Evidence of Advances. The Bank's Advances made pursuant to this Agreement shall be evidenced on the Grid Note of the Borrower held by the Bank. Upon making an Advance, the Bank may record on the schedule contained on the Grid Note the Disbursement Date and the principal amount of the Advance. the Bank may also promptly so record any payments of principal or interest. In any legal action or proceeding in respect of this Agreement or any Advance, the entries made on such schedule shall be prima facie evidence of the existence and amounts of the Advances made by the Bank and of the amounts due to it under this Agreement in respect thereof. The failure to record or to record properly any such amount shall not affect the obligation of the Borrower to repay the actual principal amount of any Advance made by the Bank with all applicable interest accruing thereon.
Evidence of Advances. Each Advance or the Total Facility may, in FINOVA's Permitted Discretion, be evidenced by notes or other instruments issued or made by Dealer to FINOVA. If not so evidenced, such Advance shall be evidenced solely by entries upon FINOVA's books and records.
Evidence of Advances. The Borrower agrees that the Credit Union's records evidencing an advance shall be complete and f inal proof, absent manifest error, that funds have been advanced under the loans set forth in the Term Loan Agreement and may, from time to time, be evidenced by other documentation.
Evidence of Advances. The obligation of IDB to repay the Advances and all interest hereunder shall be evidenced by this Agreement and by ledgers maintained by Shire. Such ledgers shall constitute, in the absence of manifest error, prima facie evidence of the whole and each constituant part of the obligations of IDB hereunder in respect of the Advances and interest, the date of any Advance and the aggregate amounts, from time to time, paid by IDB hereunder.
Evidence of Advances. 10 2.7 Existing Condition of the Business..........................10 PART 3 INTEREST, CALCULATION AND PAYMENT OF PRODUCTS PAYMENT................11
Evidence of Advances. (a) The Borrower's obligation to pay resulting from each Advance made hereunder by the Lender shall be evidenced by the Note, delivered pursuant to Article III. The Lender shall note on its internal records each Advance made by it and payment thereon; provided that failure to make any such notation shall not adversely affect the Lender's rights with respect to any Advance.
(b) Although the Note shall be dated the date of this Agreement, Interest shall be payable only for the period during which Advances are outstanding thereunder. In addition, although the stated principal amount of the Note shall be equal to the Commitment Amount, such Note shall be enforceable with respect to the Borrower's obligations to pay the Principal thereof only to the extent of the unpaid Principal amount of the Advances outstanding thereunder at the time such enforcement shall be sought.
Evidence of Advances. All advances shall be evidenced on the books and records of the lending party, which shall be presumptive evidence of each such advance in the amount outstanding. Each such repayment shall likewise be evidenced on the books and records of such party.
