Common use of Evidence of Debt; Notes Clause in Contracts

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 3 contracts

Samples: Credit Agreement and Pledge and Security Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.)

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Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the ultimate obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 3 contracts

Samples: Credit Agreement (Selective Insurance Group Inc), Credit Agreement (Selective Insurance Group Inc), Credit Agreement (Selective Insurance Group Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans actually made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 Note, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2Note, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 3 contracts

Samples: Credit Agreement (Old Dominion Freight Line, Inc.), Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 3 contracts

Samples: Credit Agreement (Selective Insurance Group Inc), Credit Agreement (Selective Insurance Group Inc), Credit Agreement (Selective Insurance Group Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(b), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Class, Type and Type Applicable Currency of each such Loan Loan, the applicable Borrower and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the applicable Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (iiiii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the applicable Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Dj Orthopedics Inc), Credit Agreement (Dj Orthopedics Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan Credit Extension made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender in respect of its Loans from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from the Borrower to each Lender and the Issuing Lender and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, shall be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of its Obligations under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable any Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansNote, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Unum Group), Credit Agreement (Unum Group)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded, absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-1, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower Borrowers and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Jackson Hewitt Tax Service Inc), Credit Agreement (Jackson Hewitt Tax Service Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan the Credit Extensions made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Tranche 1 Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Tranche 1 Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from any Account Party to each Lender and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan applicable Credit Party and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower applicable Credit Party therein recorded; provided, however, that the failure of any Tranche 1 Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower or Account Party to repay (with applicable interest) the Loans made to the Obligations of such Borrower by such Lender in accordance with the terms of or Account Party under this Agreement. (d) The Loans of each Class made by each Tranche 1 Lender shall, if requested by the applicable Tranche 1 Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the each Borrower and payable to the order of such Tranche 1 Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Platinum Underwriters Holdings LTD), Credit Agreement (Platinum Underwriters Holdings LTD)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of Advance owing to such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreementhereunder. (b) The Register maintained by the Administrative Agent shall maintain the Register pursuant to Section 11.6(c)8.07(c) shall include a control account, and a subaccount subsidiary account for each Lender, in which Register and subaccounts accounts (taken together) shall be recorded (i) the date and amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable theretoBorrowing made hereunder, (ii) the terms of each Assignment and Acceptance delivered to and accepted by it, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan hereunder and each Lender’s share thereof. (c) The entries Entries made in good faith by the accounts, Administrative Agent in the Register and subaccounts maintained pursuant to Section 2.4(bclause (b) above, and by each Lender in its account or accounts pursuant to clause (anda) above, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence amount of principal and amounts interest due and payable or to become due and payable from the Borrower to, in the case of the obligations Register, each Lender and, in the case of the Borrower therein recordedsuch account or accounts, such Lender, under this Agreement, absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent or such Lender Party to maintain such accountmake an entry, such or any finding that an entry is incorrect, in the Register or such subaccount, as applicable, account or any error therein, accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Grana & Montero S.A.A.), Credit Agreement (Grana & Montero S.A.A.)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount amount, Type and Currency of each such Loan, the Class and Type of each such Loan and the Interest Period Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the any Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Revolving Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and A-1. The Swingline Loans shall, if requested by the Swingline Lender (ii) in which request shall be made to the case of Swingline LoansAdministrative Agent), be evidenced by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case . Each Note shall be executed by the applicable Borrower and payable to the order of such the applicable Lender or Swingline Lender, as the case may be. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Crawford & Co), Credit Agreement (Crawford & Co)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan Credit Extension made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender in respect of its Loans from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from each Borrower to each Lender and the Issuing Banks and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the each Borrower in respect of each such Loan and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, shall be prima facie conclusive evidence of the existence and amounts of the obligations of the each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of its Obligations under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable any Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansNote, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the applicable Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Unum Group), Credit Agreement (Unum Group)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan the Credit Extensions made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from any Borrower to each Lender and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the applicable Borrower in respect of each such Loan and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie conclusive evidence of the existence and amounts of the obligations of the applicable Borrower therein recordedrecorded absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the Obligations of such Borrower by such Lender in accordance with the terms of under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the each Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Allied World Assurance Co Holdings, AG), Credit Agreement (Allied World Assurance Co Holdings LTD)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made by such LoanLender, the Class Class, Currency and Type of each such Loan and the Interest Period Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Dollar Loans, by a Revolving Dollar Note appropriately completed in substantially the form of Exhibit A-1 and A-1, (ii) in the case of Multicurrency Loans, by a Multicurrency Note appropriately completed in substantially the form of Exhibit X- 0, (xxx) in the case of the Dollar Swingline Loans, by a Dollar Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3 and (iv) in the case of the Multicurrency Swingline Loans, by a Multicurrency Swingline Note appropriately completed in substantially the form of Exhibit A-4, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Intercontinentalexchange Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (iiiii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 2 contracts

Samples: Credit Agreement (Intercontinentalexchange Inc), Credit Agreement (Intercontinentalexchange Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Applicable Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreementhereunder. (b) The Administrative Paying Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, accounts in which Register and subaccounts (taken together) it shall be recorded record (i) the amount of each such LoanLoan made hereunder, the Class class and Type of each such Loan thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Applicable Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Paying Agent hereunder from for the Borrower in respect account of each such Loan the Lenders and each Lender’s 's share thereof. (c) The entries made in the accounts, Register and subaccounts accounts maintained pursuant to Section 2.4(bsubsection 2.2(a) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)or subsection 2.2(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, that the failure of any Lender or the Administrative Paying Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Applicable Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Each Applicable Borrower's obligation to pay the principal of, and interest on, all the Loans of each Class made to it by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent)any Lender, be evidenced (i) in the case of Revolving Loansif a Dollar Term A Loan, by a Revolving Note appropriately completed promissory note substantially in substantially the form of Exhibit A-1 and H-1, with blanks appropriately completed (each, a "Dollar Term A Note" and, collectively, the "Dollar Term A Notes"), (ii) in the case of Swingline Loansif a Euro Term A Loan, by a Swingline Note appropriately completed promissory note substantially in substantially the form of Exhibit A-2H-2, with blanks appropriately completed (each, a "Euro Term A Note" and, collectively, the "Euro Term A Notes"), (iii) if a Term B Loan, by a promissory note substantially in the form of Exhibit H-3, with blanks appropriately completed (each, a "Term B Note" and, collectively, the "Term B Notes"), (iv) if a Revolving Loan, by a promissory note substantially in the form of Exhibit H-4, with blanks appropriately completed (each, a "Revolving Note" and, collectively, the "Revolving Notes"), and (v) if a Swing Line Loan, by a promissory note substantially in the form of Exhibit H-5, with blanks appropriately completed (each, a "Swing Line Note" and, collectively, the Swing Line Notes"). Each such Lender shall make appropriate notations on the schedules annexed to the applicable Note of the date, amount and maturity of each case executed applicable Loan made by it and the amount of each payment of principal made by the Applicable Borrower with respect thereto. Each such Lender is irrevocably authorized by the Applicable Borrower to make such notations on the applicable Note and payable to the order of each such Lender. Each Note 's record shall be entitled to all prima facie evidence of the benefits correctness of this Agreement and the other Credit Documents and shall be subject notations thereon; provided, however, that the failure of a Lender to the provisions hereof and thereof. At the Borrower’s optionmake, the Borrower may execute and deliver or an error in making, a notation on any Note in with respect to any Loan shall not limit or otherwise affect the State obligations of North Carolinathe Applicable Borrower hereunder or under such Note to such Lender.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans actually made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 Note, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2Note, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Freight Line Inc/Va)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower IPC Holdings to the applicable Lending Office of such Lender resulting from each Loan the Credit Extensions made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Tranche 1 Lender in respect of its Loans from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(cSECTION 12.6(C), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower IPC Holdings to each Tranche 1 Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from any Account Party to each Lender and the Fronting Bank and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan applicable Credit Party and each Lender’s share 's Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(bSECTION 3.4(B) (and, if consistent with the entries of the Administrative Agent, Section 2.4(athe accounts maintained pursuant to SECTION 3.4(A)) shall, to the extent permitted by applicable law, shall be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrower applicable Credit Party therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower any Credit Party to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of its Obligations under this Agreement. (d) The Loans of each Class made by each Tranche 1 Lender shall, if requested by the applicable Tranche 1 Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansEXHIBIT A, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower IPC Holdings and payable to the order of such Tranche 1 Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Ipc Holdings LTD)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement... (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(cSECTION 10.7(b), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s 's share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section SECTION 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section SECTION 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansEXHIBIT A, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (iiiii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Krispy Kreme Doughnuts Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(b), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of in the Administrative Agent, accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (iiiii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Symmetry Medical Inc.)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(b), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of in the Administrative Agent, accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made or converted by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term A Loans, by a Term A Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Term A-1 Loans, by a Term A-1 Note appropriately completed in substantially the form of Exhibit A-2, (iii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-3, and (iiiv) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-4, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Symmetry Medical Inc.)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c)13.17, and a subaccount therein for each Lender, Lender in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made by such LoanLender hereunder, the Class Type thereof and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s 's share thereofthereof (if any). (c) The entries made in the accounts, Register and subaccounts the accounts of each Lender maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)subsection 1.05(b) shall, to the extent permitted by applicable law, be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations of the Borrower therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shallBorrower agrees that, if requested by upon the applicable Lender (which request shall be made to the Administrative Agent)Agent by any Lender, the Loans made by such Lender shall be evidenced (i) if Term Loans, by a promissory note duly executed and delivered by the Borrower substantially in the case form of Exhibit B-1 with blanks appropriately completed in conformity herewith (each, a "Term Note" and, collectively, the "Term Notes"), (ii) if Acquisition Loans, by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit B-2 with blanks appropriately completed in conformity herewith (each, an "Acquisition Note" and, collectively, the "Acquisition Notes"), (iii) if Revolving Loans, by a Revolving Note appropriately completed promissory note duly executed and delivered by the Borrower substantially in substantially the form of Exhibit A-1 B-3, with blanks appropriately completed in conformity herewith (each, a "Revolving Note" and, collectively, the "Revolving Notes") and (iiiv) in the case of if Swingline Loans, by a Swingline Note appropriately completed promissory note duly executed and delivered by the Borrower substantially in substantially the form of Exhibit A-2B-4, with blanks appropriately completed in conformity herewith (the "Swingline Note"). (e) The Term Note issued to each case Lender requesting same shall (i) be executed by the Borrower and Borrower, (ii) be payable to the order of such Lender. Each Note shall Lender and be dated the Initial Borrowing Date (or, in the case of Term Notes issued after the Initial Borrowing Date, be dated the date of the issuance thereof), (iii) be in a stated principal amount equal to the Term Loan made by such Lender on the Initial Borrowing Date (or, in the case of Term Notes issued after the Initial Borrowing Date, be in a stated principal amount equal to the outstanding principal amount of the Term Loan of such Lender on the date of the issuance thereof) and be payable in the principal amount of Term Loans evidenced thereby, (iv) mature on the Term Loan Maturity Date, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to voluntary prepayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to all of the benefits of this Agreement and the other Credit Documents Documents. (f) The Acquisition Note issued to each Lender requesting same shall (i) be executed by the Borrower, (ii) be payable to the order of such Lender or its registered assigns and shall be dated the Initial Borrowing Date (or, in the case of Acquisition Notes issued after the Initial Borrowing Date, be dated the date of the issuance thereof), (iii) be in a stated principal amount equal to the Acquisition Loan Commitment of such Lender on the Initial Borrowing Date (or, in the case of Acquisition Notes issued after the Initial Borrowing Date, be in a stated principal amount equal to the sum of the Acquisition Loan Commitment plus the outstanding Acquisition Loans of such Lender on such date of the issuance) and be payable in the principal amount of Acquisition Loans evidenced thereby, (iv) mature on the RL/AL Maturity Date, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to voluntary prepayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to the provisions hereof benefits of this Agreement and thereof. At the other Credit Documents. (g) The Revolving Note issued to each Lender requesting same shall (i) be executed by the Borrower’s option, (ii) be payable to the Borrower may execute order of such Lender and deliver any Note be dated the Initial Borrowing Date (or, in the State case of North CarolinaRevolving Notes issued after the Initial Borrowing Date, be dated the date of the issuance thereof), (iii) be in a stated principal amount equal to the Revolving Loan Commitment of such Lender and be payable in the principal amount of the Revolving Loans evidenced thereby, (iv) mature on the RL/AL Maturity Date, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to voluntary prepayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to the benefits of this Agreement and the other Credit Documents. (h) The Swingline Note (if any) issued to the Swingline Lender shall (i) be executed by the Borrower, (ii) be payable to the order of the Swingline Lender and be dated the Initial Borrowing Date (or, in the case of any Swingline Note issued after the Initial Borrowing Date, be dated the date of the issuance thereof), (iii) be in a stated principal amount equal to the Maximum Swingline Amount and be payable in the principal amount of the outstanding Swingline Loans evidenced thereby from time to time, (iv) mature on the Swingline Expiry Date, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Base Rate Loans evidenced thereby and (vi) be entitled to the benefits of this Agreement and the other Credit Documents. (i) Each Lender holding a Note will, prior to any transfer of such Note, endorse on the reverse side thereof the outstanding principal amount of Loans evidenced thereby. Failure to make any such notation or any error in any such notation or endorsement shall not affect the Borrower's obligations in respect of such Loans.

Appears in 1 contract

Samples: Credit Agreement (Eye Care Centers of America Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made by such LoanLender, the Class Class, Currency and Type of each such Loan and the Interest Period Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Dollar Loans, by a Revolving Dollar Note appropriately completed in substantially the form of Exhibit A-1 and A-1, (ii) in the case of Multicurrency Loans, by a Multicurrency Note appropriately completed in substantially the form of Exhibit A-2 and (iii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Intercontinentalexchange Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Applicable Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, accounts in which Register and subaccounts (taken together) it shall be recorded record (i) the amount and currency of each such LoanLoan made hereunder, the Class class and Type of each such Loan thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Applicable Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from any Borrower, whether such sum constitutes principal or interest (and the Borrower in respect Type of each such Loan to which it applies), fees, expenses and other amounts due under the Credit Documents for the account of the Lenders and each Lender’s 's share thereof. (c) The Subject to the provisions of Section 7.18, the entries made in the accounts, Register and subaccounts accounts maintained pursuant to Section 2.4(bsubsection 2.2(a) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)or subsection 2.2(b) shall, to the extent permitted by applicable law, shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Applicable Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Each Applicable Borrower's obligation to pay the principal of, and interest on, all the Loans of each Class made to it by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent)any Lender, be evidenced (i) in the case of Revolving Loansif a Term Loan, by a Revolving Note appropriately completed promissory note substantially in substantially the form of Exhibit A-1 and H-1, with blanks appropriately completed (each, a "Term Note" and, collectively, the "Term Notes"), (ii) in the case of Swingline Loansif a Revolving Loan or a BA Rate Loan, by a Swingline Note appropriately completed promissory note substantially in substantially the form of Exhibit A-2H-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s optionwith blanks appropriately completed (each, a "Revolving Note" and, collectively, the Borrower may execute "Revolving Notes"), and deliver any Note (iii) if a Swing Line Loan, by a promissory note substantially in the State form of North CarolinaExhibit H-3, with blanks appropriately completed (each, a "Swing Line Note" and, collectively, the "Swing Line Notes").

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made by such LoanLender, the Class Class, Currency and Type of each such Loan and the Interest Period Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b2.5(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a2.5(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Term Loans, by a Revolving Term Note appropriately completed in substantially the form of Exhibit A-1 and A-1, (ii) in the case of Swingline Dollar Revolving Loans, by a Swingline Dollar Revolving Note appropriately completed in substantially the form of Exhibit A-2, (iii) in the case of Multicurrency Revolving Loans, by a Multicurrency Revolving Note appropriately completed in substantially the form of Exhibit A-3, (iv) in the case of the Dollar Swingline Loans, by a Dollar Swingline Note appropriately completed in substantially the form of Exhibit A-4 and (v) in the case of the Multicurrency Swingline Loans, by a Multicurrency Swingline Note appropriately completed in substantially the form of Exhibit A-5, in each case executed by the applicable Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (IntercontinentalExchange Group, Inc.)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c)13.17, and a subaccount therein for each Lender, Lender in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made by such LoanLender hereunder, the Class Type thereof and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s 's share thereofthereof (if any). (c) The entries made in the accounts, Register and subaccounts the accounts of each Lender maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)subsection 1.05(b) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shallBorrower agrees that, if requested by upon the applicable Lender (which request shall be made to the Administrative Agent)Agent by any Lender, the Loans made by such Lender shall be evidenced (i) if Term Loans, by a promissory note duly executed and delivered by the Borrower substantially in the form of Exhibit B-1, in the case of Term Loans A, and Exhibit B-2, in the case of Term Loans B, with blanks appropriately completed in conformity herewith (each, respectively a "Term Note A" and "Term Note B" and, collectively, the "Term Notes"), (ii) if Revolving Loans, by a Revolving Note appropriately completed promissory note duly executed and delivered by the Borrower substantially in substantially the form of Exhibit A-1 B-3, with blanks appropriately completed in conformity herewith (each, a "Revolving Note" and, collectively, the "Revolving Notes") and (iiiii) in the case of if Swingline Loans, by a Swingline Note appropriately completed promissory note duly executed and delivered by the Borrower substantially in substantially the form of Exhibit A-2B-4, with blanks appropriately completed in conformity herewith (the "Swingline Note"). (e) The Term Notes issued to each case Lender requesting same shall (i) be executed by the Borrower and Borrower, (ii) be payable to the order of such Lender. Each Note shall Lender and be dated the Effective Date, (or, in the case of Term Notes issued after the Effective Date, be dated the date of the issuance thereof), (iii) be in a stated principal amount equal to the respective Term Loan A or Term Loan B made by such Lender on the Effective Date (or, in the case of Term Notes issued after the Effective Date, be in a stated principal amount equal to the outstanding principal amount of the Term Loan of such Lender on the date of the issuance thereof), (iv) mature on the Term Loan A Maturity Date in the case of Term Notes A or the Term Loan B Maturity Date, in the case of Term Notes B, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to voluntary prepayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to all of the benefits of this Agreement and the other Credit Documents Documents. (f) The Revolving Note issued to each Lender requesting same shall (i) be executed by the Borrower, (ii) be payable to the order of such Lender and shall be dated the Effective Date (or, in the case of Revolving Notes issued after the Effective Date, be dated the date of the issuance thereof), (iii) be in a stated principal amount equal to the Revolving Loan Commitment of such Lender, (iv) mature on the RL Maturity Date, (v) bear interest as provided in the appropriate clause of Section 1.08 in respect of the Base Rate Loans and Eurodollar Loans, as the case may be, evidenced thereby, (vi) be subject to voluntary prepayment as provided in Section 4.01 and mandatory repayment as provided in Section 4.02 and (vii) be entitled to the provisions hereof benefits of this Agreement and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolinaother Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Eye Care Centers of America Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan the Credit Extensions made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Tranche 1 Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Tranche 1 Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from any Credit Party to each Lender and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan applicable Credit Party and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower applicable Credit Party therein recorded; provided, however, that the failure of any Tranche 1 Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower or Credit Party to repay (with applicable interest) the Loans made to Obligations of the Borrower by such Lender in accordance with the terms of or Credit Party under this Agreement. (d) The Loans of each Class made by each Tranche 1 Lender shall, if requested by the applicable Tranche 1 Lender (which request shall be made to the Administrative AgentAgent prior to the Effective Date), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Tranche 1 Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Odyssey Re Holdings Corp)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan the Credit Extensions made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from any Account Party to each Lender and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan applicable Credit Party and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower applicable Credit Party therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower or Account Party to repay (with applicable interest) the Loans made to the Obligations of such Borrower by such Lender in accordance with the terms of or Account Party under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the each Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loanamount, the Class and Type of each such Loan and the Interest Period applicable theretoLoan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each LenderXxxxxx’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Greenbacker Renewable Energy Co LLC)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c9.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case A executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (American Financial Group Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the Borrower and amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers in respect of each such Loan and each Lender’s 's share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note Notes appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A, in each case executed by the a Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case A executed by the applicable Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Intercontinentalexchange Inc)

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Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Krispy Kreme Doughnuts Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each Loan made by such LoanLender, the Class and Type of each such Loan and the Interest Period Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b2.5(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a2.5(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case A executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Intercontinentalexchange Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(cSECTION 10.7(B), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s 's share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(bSECTION 2.4(B) (and, if consistent with the entries of the Administrative Agent, Section 2.4(aSECTION 2.4(A)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansEXHIBIT A, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c8.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b2.20(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a2.20(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-1, and (iiiv) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Loan Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Empire District Electric Co)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Applicable Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, accounts in which Register and subaccounts (taken together) it shall be recorded record (i) the amount of each such LoanLoan made hereunder, the Class class and Type of each such Loan type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower in respect account of each such Loan the Lenders and each Lender’s 's share thereof. (c) The entries made in the accounts, Register and subaccounts accounts maintained pursuant to paragraph (a) or (b) of this Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, 2.2 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Applicable Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Subject to Section 2.23, each Applicable Borrower's obligation to pay the principal of, and interest on, all the Loans of each Class made to it by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent)any Lender, be evidenced (i) if Tranche A-CHF Term Loans, by a promissory note substantially in the case form of Exhibit H-1, with blanks appropriately completed (each, a "Tranche A-CHF Term Note" and, collectively, the "Tranche A-CHF Term Notes"), (ii) [Reserved], (iii) if Tranche A-UK Term Loans, by a promissory note substantially in the form of Exhibit H-3, with blanks appropriately completed (each, a "Tranche A-UK Term Note" and, collectively, the "Tranche A-UK Term Notes"), (iv) if Tranche A-US Term Loans, by a promissory note substantially in the form of Exhibit H-4, with blanks appropriately completed (each, a "Tranche A-US Term Note" and, collectively, the "Tranche A-US Term Notes"), (v) if Revolving Loans, by a Revolving Note appropriately completed promissory note substantially in substantially the form of Exhibit A-1 H-5, with blanks appropriately completed (each, a "Revolving Note" and, collectively, the "Revolving Notes"), (vi) if a Canadian Loan, by a promissory note substantially in the form of Exhibit H-5A, with blanks appropriately completed (each, a "Canadian Revolving Note" and, collectively, the "Canadian Revolving Notes"), and (iivii) in the case of Swingline if Swing Line Loans, by a Swingline Note appropriately completed promissory note substantially in substantially the form of Exhibit A-2H-6, in with blanks appropriately completed (each, a "Swing Line Note" and, collectively, the Swing Line Notes"). Each such Lender shall make appropriate notations on the schedules annexed to the applicable Note of the date, amount and maturity of each case executed applicable Loan made by it and the amount of each payment of principal made by the Applicable Borrower with respect thereto. Each such Lender is irrevocably authorized by the Applicable Borrower to make such notations on the applicable Note and payable each such Lender's record shall be conclusive absent manifest error; provided, however, that the failure of a Lender to make, or an error in making, a notation on any Note with respect to any Loan shall not limit or otherwise affect the order obligations of the Applicable Borrower hereunder or under such Note to such Lender. Each Note shall be entitled to all In connection with the increase in the Revolving Facility Commitments on the Second Amendment and Restatement Date as part of the benefits of this Agreement and the other Credit Documents and shall be subject amendments to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.the

Appears in 1 contract

Samples: Credit Agreement (Mt Investors Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan Credit Extension made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender in respect of its Loans from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from the Borrower to each Lender and the Issuing Banks and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, shall be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of its Obligations under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable any Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansNote, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Unum Group)

Evidence of Debt; Notes. (a) The Loans shall be repayable in accordance with the terms and provisions set forth herein. Upon the request of any Lender, Notes shall be issued by EnergySolutions and payable to the order of such Lender reflecting such Lender’s Commitment or Loans, as applicable. The Notes issued by EnergySolutions to the Lenders shall be duly executed and delivered by one or more Authorized Signatories. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower EnergySolutions owing to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of owing to such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreementhereunder. (bc) The Register maintained by the Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) 10.4 shall be recorded include records of (i) the date and amount of each such LoanLoan made hereunder, the Class and Type of each such Loan and and, if appropriate, the Interest Period applicable thereto, (ii) the terms of each Assignment and Assumption delivered to and accepted by it, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower EnergySolutions to each Lender hereunder in respect of each such Loan and (iiiiv) the amount of any sum received by the Administrative Agent from EnergySolutions hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (cd) The entries Entries made in good faith by the accounts, Administrative Agent in the Register and subaccounts maintained pursuant to Section 2.4(b10.4 and by each Lender in its account or accounts pursuant to paragraph (b) (and, if consistent with the entries of the Administrative Agent, this Section 2.4(a)) shall, to the extent permitted by applicable law, 2.12 shall be prima facie evidence of the existence amount of principal and amounts interest due and payable or to become due and payable from EnergySolutions to, in the case of the obligations Register, each Lender and, in the case of the Borrower therein recordedsuch account or accounts, such Lender, under this Agreement, absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accountmake an entry, such or any finding that an entry is incorrect, in the Register or such subaccount, as applicable, account or any error therein, accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of EnergySolutions under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (EnergySolutions, Inc.)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded, absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower Borrowers to repay (with applicable interest) the Loans made to the Borrower Borrowers by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-3, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-1, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower Borrowers and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Jackson Hewitt Tax Service Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the Borrower and amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note Notes appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A, in each case executed by the a Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Applicable Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, accounts in which Register and subaccounts (taken together) its shall be recorded record (i) the amount of each such LoanLoan made hereunder, the Class class and Type of each such Loan type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower in respect account of each such Loan the Lenders and each Lender’s 's share thereof. (c) The entries made in the accounts, Register and subaccounts accounts maintained pursuant to paragraph (a) or (b) of this Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, 2.2 shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recordedrecorded therein; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, accounts or any error therein, therein shall not in any manner affect the obligation of the Applicable Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Subject to Section 2.23, each Applicable Borrower's obligation to pay the principal of, and interest on, all the Loans of each Class made to it by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent)any Lender, be evidenced (i) if Tranche A-CHF Term Loans, by a promissory note substantially in the case form of Exhibit H-1, with blanks appropriately completed (each, a "Tranche A-CHF Term Note" and, collectively, the "Tranche A-CHF Term Notes"), (ii) [Reserved], (iii) if Tranche A-UK Term Loans, by a promissory note substantially in the form of Exhibit H-3, with blanks appropriately completed (each, a "Tranche A-UK Term Note" and, collectively, the "Tranche A-UK Term Notes"), (iv) if Tranche A-US Term Loans, by a promissory note substantially in the form of Exhibit H-4, with blanks appropriately completed (each, a "Tranche A-US Term Note" and, collectively, the "Tranche A-US Term Notes"), (v) if Revolving Loans, by a Revolving Note appropriately completed promissory note substantially in substantially the form of Exhibit A-1 H-5, with blanks appropriately completed (each, a "Revolving Note" and, collectively, the "Revolving Notes"), (vi) if a Canadian Loan, by a promissory note substantially in the form of Exhibit H-5A, with blanks appropriately completed (each, a "Canadian Revolving Note" and, collectively, the "Canadian Revolving Notes"), and (iivii) in the case of Swingline if Swing Line Loans, by a Swingline Note appropriately completed promissory note substantially in substantially the form of Exhibit A-2H-6, in with blanks appropriately completed (each, a "Swing Line Note" and, collectively, the Swing Line Notes"). Each such Lender shall make appropriate notations on the schedules annexed to the applicable Note of the date, amount and maturity of each case executed applicable Loan made by it and the amount of each payment of principal made by the Applicable Borrower with respect thereto. Each such Lender is irrevocably authorized by the Applicable Borrower to make such notations on the applicable Note and payable each such Lender's record shall be conclusive absent manifest error; provided, however, that the failure of a Lender to make, or an error in making, a notation on any Note with respect to any Loan shall not limit or otherwise affect the order obligations of the Applicable Borrower hereunder or under such Note to such Lender. Each Note shall be entitled to all In connection with the increase in the Revolving Facility Commitments on the Second Amendment and Restatement Date as part of the benefits of this Agreement and the other Credit Documents and shall be subject amendments to the provisions hereof Amended and thereof. At Restated Credit Agreement, each Revolving Facility Lender (other than a New Lender) shall surrender its notes issued in connection with its revolving facility commitments under the Borrower’s optionAmended and Restated Credit Agreement and, the Borrower may execute and deliver any Note in the State of North Carolinaif requested by such Lender, be issued new Revolving Notes pursuant to this Section 2.

Appears in 1 contract

Samples: Credit Agreement (Mt Investors Inc/)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the any Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b2.11(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a2.11(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower Borrowers therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower to repay (with applicable interest) the Loans made to the such Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-1, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower Borrowers and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Manning & Napier, Inc.)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which the Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the ultimate obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Selective Insurance Group Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (iiiii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Hilb Rogal & Hobbs Co)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan Credit Extension made by such Lending Office of such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lending Office of such Lender in respect of its Loans from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from the Borrower to each Lender and the Issuing Banks and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, shall be prima facie conclusive evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of its Obligations under this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable any Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansNote, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Unum Group)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence conclusive absent manifest error of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Intercontinentalexchange Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c10.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loanamount, the Class and Type of each such Loan and the Interest Period applicable theretoLoan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Facility 1 Term Loans, by a Revolving Facility 1 Note appropriately completed in substantially the form of Exhibit A-1 and A-1, (ii) in the case of Revolving Loans and Facility 2 Term Loans, by a Facility 2 Note appropriately completed in substantially the form of Exhibit A-2, and (iii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Greenbacker Renewable Energy Co LLC)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans actually made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 Note, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2Note, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Freight Line Inc/Va)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.7(b), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Term Loans, by a Term Note appropriately completed in substantially the form of Exhibit A-1, (ii) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 A-2, and (iiiii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2A-3, in each case executed by the Borrower and payable to the order of such Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Dj Orthopedics Inc)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to the applicable Lending Office of such Lender resulting from each Loan the Credit Extensions made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Tranche 1 Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c11.6(d), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class and Type of each such Loan and the Interest Period applicable thereto, (ii) the date and amount of each applicable L/C Disbursement made under a Letter of Credit, (iii) the amount of any principal or interest due and payable or to become due and payable from the applicable Borrower to each Tranche 1 Lender hereunder in respect of each such Loan Loan, (iv) the amount of any Reimbursement Obligation or interest due and payable or to become due and payable from any Account Party to each Lender and (iiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan applicable Credit Party and each Lender’s share Ratable Share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, the accounts maintained pursuant to Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower applicable Credit Party therein recorded; provided, however, that the failure of any Tranche 1 Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the each Borrower or Account Party to repay (with applicable interest) the Loans made to the Obligations of such Borrower by such Lender in accordance with the terms of or Account Party under this Agreement. (d) The Loans of each Class made by each Tranche 1 Lender shall, if requested by the applicable Tranche 1 Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 and (ii) in the case of Swingline LoansA, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2, in each case executed by the each Borrower and payable to the order of such Tranche 1 Lender. Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Evidence of Debt; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to the applicable Lending Office of such Lender resulting from each Loan made by such Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain the Register pursuant to Section 11.6(c), and a subaccount for each Lender, in which Register and subaccounts (taken together) shall be recorded (i) the amount of each such Loan, the Class Loan and Type of each such Loan and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of each such Loan and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of each such Loan and each Lender’s share thereof. (c) The entries made in the accounts, Register and subaccounts maintained pursuant to Section 2.4(b) (and, if consistent with the entries of the Administrative Agent, Section 2.4(a)) shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such account, such Register or such subaccount, as applicable, or any error therein, shall not in any manner affect the obligation of the Borrower to repay (with applicable interest) the Loans actually made to the Borrower by such Lender in accordance with the terms of this Agreement. (d) The Loans of each Class made by each Lender shall, if requested by the applicable Lender (which request shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note appropriately completed in substantially the form of Exhibit A-1 Note, and (ii) in the case of the Swingline Loans, by a Swingline Note appropriately completed in substantially the form of Exhibit A-2Note, in each case executed by the Borrower and payable to the order of such Lender. 12581222v10 24740.00017 Each Note shall be entitled to all of the benefits of this Agreement and the other Credit Documents and shall be subject to the provisions hereof and thereof. At the Borrower’s option, the Borrower may execute and deliver any Note in the State of North Carolina.

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Freight Line, Inc.)

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