Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC. (b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control. (d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement (Blue Owl Technology Finance Corp. II), Credit Agreement (Blue Owl Technology Income Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement. In The Collateral Agent shall be entitled to conclusively rely upon the event of a conflict between the entries maintained by a Lender and those maintained information provided to it by the Administrative Agent, Agent with respect to the records of the Administrative Agent shall controlAdvances Outstanding with respect to each Lender.
(db) Any Lender may request that its Loans Advances to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.612.06(a)) be represented by one or more Notes a Note payable to such Lender (or registered assigns pursuant to Section 12.612.06(a)), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in clauses clause (a) and (b) of this Section 2.3. At the time of 2.03.
(c) If any payment or prepayment in full of the Loans evidenced by any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be surrendered deemed to mean the Advances Outstanding with respect to such Xxxxxx. The parties hereto acknowledge and agree that the provisions herein and the other Facility Documents related to the Administrative Agent promptly (but no more than five Business Days) following Lenders hereunder shall apply to each Lender regardless of whether such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Xxxxxx has received a Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 8 contracts
Samples: Amendment No. 2 to Facility Documents (Blue Owl Technology Income Corp.), Credit and Security Agreement (Diameter Credit Co), Credit and Security Agreement (Blue Owl Credit Income Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement. In The Collateral Agent shall be entitled to conclusively rely upon the event of a conflict between the entries maintained by a Lender and those maintained information provided to it by the Administrative Agent, Agent with respect to the records of the Administrative Agent shall controlAdvances Outstanding with respect to each Lender.
(db) Any Lender may request that its Loans Advances to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.612.06(a)) be represented by one or more Notes a Note payable to such Lender (or registered assigns pursuant to Section 12.612.06(a)), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in clauses clause (a) and (b) of this Section 2.3. At the time of 2.03.
(c) If any payment or prepayment in full of the Loans evidenced by any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Lender’s Note shall be surrendered deemed to mean the Advances Outstanding with respect to such Lender. The parties hereto acknowledge and agree that the provisions herein and the other Facility Documents related to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note Lenders hereunder shall be cancelled and shall not be reissued, and no Note shall be issued in lieu apply to each Lender regardless of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by whether such Lender that is customary for the nature of the Loans made hereunderhas received a Note.
Appears in 6 contracts
Samples: Credit and Security Agreement (Apollo Debt Solutions BDC), Credit and Security Agreement (Apollo Debt Solutions BDC), Credit and Security Agreement (Blackstone Private Credit Fund)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 5 contracts
Samples: Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Blue Owl Capital Corp), Credit Agreement (Blue Owl Credit Income Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Owl Rock Capital Corp), Credit Agreement (Owl Rock Capital Corp), Credit Agreement (Owl Rock Capital Corp II)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Lender resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon payable and paid to it, such Lender from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, also maintain accounts in which it will record (ia) the amount of each Loan made hereunder to hereunder, the BorrowerClass and Type thereof and, in the case of Eurodollar Loans, the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any principal sum paid received by the Administrative Agent hereunder from the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) . The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, sentences above shall be prima facie conclusive evidence of the existence and amounts of the Loans Obligations therein recordedrecorded absent manifest error; provided provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreementtheir terms. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its the Loans owing to the Borrower such Lender be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to the order of such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.610.06) be represented by one or more Notes payable to such Lender (the order of the payee named therein or registered assigns any assignee pursuant to Section 12.6)10.06, except to the extent that any such Lender (or registered assignee) assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described solely in clauses (a) the accounts of such Lender and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunderAgent.
Appears in 4 contracts
Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 4 contracts
Samples: Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Owl Rock Core Income Corp.), Credit Agreement (Owl Rock Core Income Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Bank resulting from the Loans each Loan made by such Lender to the Borrower, from time to timeBank, including the amounts of principal and interest thereon payable and paid to it, such Bank from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, maintain accounts in which it will shall record (i) the amount of each Loan made hereunder to hereunder, the BorrowerType thereof and, in the case of a Term SOFR Loan, 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 Bank hereunder and (iii) the amount of any principal sum paid received by the Borrower Administrative Agent hereunder for the accounts of the Banks and each XxxxxxBank’s share thereof.
(c) The entries maintained made in the accounts maintained pursuant to clauses paragraph (a) and (b) of this Section 2.3 shall, absent manifest error, shall be prima facie rebuttable presumptive evidence of the existence and amounts of the Loans therein recordedobligations recorded therein; provided that the failure of any Bank or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender Bank may request that its Loans to the Borrower made by it be evidenced by a single Note or Notespayable to such Bank for the account of its Lending Office in an amount equal to the original principal amount of such Bank’s Commitment. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender Bank a Note (or Notes) payable to such Lender Bank.
(ore) Each Bank may record, if requested by such Lender, and prior to such Lender and any transfer of its registered assigns). Thereafter, Notes shall endorse on the schedules forming a part thereof appropriate notations to the extent reflected in the Registerevidence, the Loans date, amount and maturity of, and effective interest rate for, each Loan made by it, the date and amount of each payment of principal made by the Borrower with respect thereto, and such Lender evidenced by schedules of each such Note Bank’s Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and interest thereon shall at all times (including after unpaid on such Bank’s Notes; provided, that the failure of any assignment pursuant Bank to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns make any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) recordation or endorsement shall not affect the obligation of this Section 2.3. At the time Borrower hereunder or under the Notes or the ability of any payment or prepayment in full Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Notes and to attach to and make a part of any Note a continuation of any such schedule as and when required. In order to verify the Loans outstanding from time to time, at the request of the Loans evidenced by any NoteBorrower, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, furnish the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature with its records of the Loans made hereundertransactions under this Agreement, in reasonable detail.
Appears in 3 contracts
Samples: 364 Day Revolving Credit Facility Agreement (Home Depot, Inc.), Revolving Credit Facility Agreement (Home Depot, Inc.), Revolving Credit Facility Agreement (Home Depot, Inc.)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Lender resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon payable and paid to it, such Lender from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, also maintain accounts in which it will record (iA) the amount of each Loan made hereunder to hereunder, the BorrowerClass and Type thereof and, in the case of Eurocurrency Rate Loans, the Interest Period with respect thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiC) the amount of any principal sum paid received by the Administrative Agent hereunder from the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) . The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, sentences above shall be prima facie conclusive evidence of the existence and amounts of the Loans Obligations therein recordedrecorded absent manifest error; provided provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreementtheir terms. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its the Loans owing to the Borrower such Lender be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to the order of such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.610.06) be represented by one or more Notes payable to such Lender (the order of the payee named therein or registered assigns any assignee pursuant to Section 12.6)10.06, except to the extent that any such Lender (or registered assignee) assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described solely in clauses (a) the accounts of such Lender and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunderAgent.
Appears in 2 contracts
Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Owl Rock Technology Finance Corp. II), Credit Agreement (Owl Rock Technology Finance Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Bank resulting from the Loans each Loan made by such Lender to the Borrower, from time to timeBank, including the amounts of principal and interest thereon payable and paid to it, such Bank from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, maintain accounts in which it will shall record (i) the amount of each Loan made hereunder to hereunder, the Borrowertype thereof and, in the case of a Euro-Dollar Loan, 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 Bank hereunder and (iii) the amount of any principal sum paid received by the Borrower Agent hereunder for the accounts of the Banks and each XxxxxxBank’s share thereof.
(c) The entries maintained made in the accounts maintained pursuant to clauses paragraph (a) and (b) of this Section 2.3 shall, absent manifest error, shall be prima facie rebuttable presumptive evidence of the existence and amounts of the Loans therein recordedobligations recorded therein; provided that the failure of any Bank or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender Bank may request that its Syndicated Loans to the Borrower made by it be evidenced by a single Syndicated Loan Note or Notespayable to the order of such Bank for the account of its Lending Office in an amount equal to the original principal amount of such Bank’s Commitment. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender the Agent a Syndicated Loan Note (or Notes) payable to the order of such Lender Bank.
(ore) Upon receipt of any Bank’s Notes, if requested by the Agent shall deliver such Lender, Notes to such Lender Bank. Each Bank shall record, and prior to any transfer of its registered assigns). Thereafter, Notes shall endorse on the schedules forming a part thereof appropriate notations to the extent reflected in the Registerevidence, the Loans date, amount and maturity of, and effective interest rate for, each Loan made by it, the date and amount of each payment of principal made by the Borrower with respect thereto, and such Lender evidenced by schedules of each such Note Bank’s Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and interest thereon shall at all times (including after unpaid on such Bank’s Notes; provided, that the failure of any assignment pursuant Bank to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns make any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) recordation or endorsement shall not affect the obligation of this Section 2.3. At the time Borrower hereunder or under the Notes or the ability of any payment or prepayment in full Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Notes and to attach to and make a part of any Note a continuation of any such schedule as and when required. In order to verify the Loans outstanding from time to time, at the request of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writingBorrower, the Agent shall furnish the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature with its records of the Loans made hereundertransactions under this Agreement, in reasonable detail.
Appears in 2 contracts
Samples: Credit Agreement (Home Depot Inc), Credit Agreement (Home Depot Inc)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLxxxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Golub Capital Private Credit Fund), Credit Agreement (Golub Capital Private Credit Fund)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, establish and maintain the Register in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereofSection 12.6(f).
(c) The entries maintained in the accounts maintained by the Lenders pursuant to clauses clause (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In ; provided, further, that in the event of a conflict between the entries maintained by a Lender in such accounts and those maintained by the Administrative AgentRegister, the records of the Administrative Agent Register shall control.
(d) Any Lender may request that its Loans of any Class to the Borrower be evidenced by a Note or Notesof such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent so reflected in the Register, the Loans of such Class of such Lender evidenced by such Note (with a copy delivered to the Administrative Agent) and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 2 contracts
Samples: Credit Agreement (AB Private Credit Investors Corp), Credit Agreement (AB Private Credit Investors Corp)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Lender resulting from the Loans Term Loan made by such Lender to the Borrower, from time to timeLender, including the amounts of principal and interest thereon payable and paid to it, such Lender from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, also maintain accounts in which it will record (i) the amount of each Term Loan made hereunder to hereunder, the BorrowerType thereof and the Interest Period (if any) with respect 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 hereunder, and (iii) the amount of any principal sum paid received by the Administrative Agent hereunder from the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses subsections (a) and (b) of this Section 2.3 shall, absent manifest error, 2.15 shall be prima facie evidence of the existence and amounts of the Loans obligations therein recorded; provided provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans such obligations in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall controltheir terms.
(d) Any Lender may request that its Loans to the Borrower Term Loan be evidenced by a Note one or Notesmore promissory notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (one or Notes) more promissory notes payable to such Lender (or, if requested by such Lender, and in a form acceptable to such Lender the Borrower and its registered assigns)the Administrative Agent. Thereafter, to the extent reflected in the Register, the Loans of such Lender Term Loan evidenced by such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 12.68.07) be represented by one or more Notes notes from the Borrower, payable to such Lender (the payee named therein or registered assigns any assignee pursuant to Section 12.6)8.07, except to the extent that any such Lender (or registered assignee) assignee subsequently returns any such Note notes for cancellation and requests that such Loans Borrowings once again be evidenced as described in clauses subsections (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.15.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Entergy Mississippi, LLC), Term Loan Credit Agreement (Entergy Louisiana, LLC)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLexxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan Advance made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, 2.03 shall be prima facie evidence of the existence and amounts of the Loans Advances therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans Commitment to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.613.06(a)) be represented by one or more Notes a Note payable to such Lender (or registered assigns pursuant to Section 12.613.06(a)), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.03.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (NewStar Financial, Inc.)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount and Class of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement; provided, further, that in the event of a conflict between the entries maintained in such accounts and the Register, the Register shall control. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans of any Class to the Borrower be evidenced by a Note or Notesof such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent so reflected in the Register, the Loans of such Class of such Lender evidenced by such Note (with a copy delivered to the Administrative Agent) and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “”loan”” and not a “security”security ”” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.registered
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a ““loan”” and not a ““security” ” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Lender resulting from the Loans each Loan made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon payable and paid to it, such Xxxxxx from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, also maintain accounts in which it will record (i) the amount of each Loan made hereunder to hereunder, the Borrowertype thereof and the Interest Period and Interest Payment Date with respect 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 and (iii) the amount of any principal sum paid received by the Administrative Agent hereunder from the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) of this Section 2.3 shall, absent manifest error, above shall be prima facie evidence of the existence and amounts of the Loans Obligations therein recorded; provided provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall controltheir terms.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) Notes payable to the order of such Lender (or, if requested in a form supplied by such Lender, the Administrative Agent and reasonably acceptable to such Lender and its registered assigns)the Borrower. Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.612.12 hereof) be represented by one or more Notes payable to such Lender (the payee named therein or any registered assigns assignee permitted pursuant to Section 12.6), 12.12 hereof except to the extent that any such Lender (or registered assignee) assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses subsections (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunderabove.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “"loan” " and not a “"security” " for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s Lender's share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 1 contract
Samples: Credit Agreement (Fifth Street Senior Floating Rate Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Bank resulting from the Loans each Loan made by such Lender to the Borrower, from time to timeBank, including the amounts of principal and interest thereon payable and paid to it, such Bank from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, maintain accounts in which it will shall record (i) the amount of each Loan made hereunder to hereunder, the Borrowertype thereof and, in the case of a Euro-Dollar Loan, 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 Bank hereunder and (iii) the amount of any principal sum paid received by the Borrower Agent hereunder for the accounts of the Banks and each Xxxxxx’s Bank's share thereof.
(c) The entries maintained made in the accounts maintained pursuant to clauses paragraph (a) and (b) of this Section 2.3 shall, absent manifest error, shall be prima facie rebuttable presumptive evidence of the existence and amounts of the Loans therein recordedobligations recorded therein; provided that the failure of any Bank or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender Bank may request (i) that its Syndicated Loans to the Borrower made by it be evidenced by a single Syndicated Loan Note or Notespayable to the order of such Bank for the account of its Lending Office in an amount equal to the original principal amount of such Bank's Commitment and (ii) that Money Market Loans made by it be evidenced by a single Money Market Loan Note payable to the order of such Bank for the account of its Lending Office in an amount equal to the original principal amount of the aggregate Commitments. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender the Agent a Syndicated Loan Note (or Notes) and a Money Market Loan Note payable to the order of such Lender Bank.
(ore) Upon receipt of any Bank's Notes, if requested by the Agent shall deliver such Lender, Notes to such Lender Bank. Each Bank shall record, and prior to any transfer of its registered assigns). Thereafter, Notes shall endorse on the schedules forming a part thereof appropriate notations to the extent reflected in the Registerevidence, the Loans date, amount and maturity of, and effective interest rate for, each Loan made by it, the date and amount of each payment of principal made by the Borrower with respect thereto, and such Lender evidenced by schedules of each such Note Bank's Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and interest thereon shall at all times (including after unpaid on such Bank's Notes; provided, that the failure of any assignment pursuant Bank to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns make any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) recordation or endorsement shall not affect the obligation of this Section 2.3. At the time Borrower hereunder or under the Notes or the ability of any payment or prepayment in full Bank to assign its Notes. Each Bank is hereby irrevocably authorized by the Borrower so to endorse its Notes and to attach to and make a part of any Note a continuation of any such schedule as and when required. In order to verify the Loans outstanding from time to time, at the request of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writingBorrower, the Agent shall furnish the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature with its records of the Loans made hereundertransactions under this Agreement, in reasonable detail.
Appears in 1 contract
Samples: Credit Agreement (Home Depot Inc)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “"loan” " and not a “"security” " for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount and Class of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s Lender's share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans of any Class to the Borrower be evidenced by a Note or Notesof such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) of such Class payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans of such Class of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five 5 Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 1 contract
Samples: Credit Agreement (Fifth Street Senior Floating Rate Corp.)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement. In The Collateral Agent shall be entitled to conclusively rely upon the event of a conflict between the entries maintained by a Lender and those maintained information provided to it by the Administrative Agent, Agent with respect to the records of the Administrative Agent shall controlAdvances Outstanding with respect to each Lender.
(db) Any Lender may request that its Loans Advances to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.612.06(a)) be represented by one or more Notes a Note payable to such Lender (or registered assigns pursuant to Section 12.612.06(a)), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in clauses clause (a) and (b) of this Section 2.3. At the time of 2.03.
(c) If any payment or prepayment in full of the Loans evidenced by any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Lender’s Note shall be surrendered deemed to mean the Advances Outstanding with respect to such Lender. The parties hereto acknowledge and agree that the provisions herein and the other Facility Documents related to the Administrative Agent promptly Lenders hereunder shall apply to each Lender regardless of whether such Lender has received a Note.
(but no more d) Promptly after all Obligations (other than five Business Daysunasserted contingent obligations) following such payment or prepayment have been paid in full. Any full and all Commitments have been terminated, each Lender whose Advances were evidenced by a Note shall return such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, to the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereundercancellation.
Appears in 1 contract
Samples: Credit and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Evidence of Indebtedness; Notes. (a) Each Lender Bank and Swingline Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it such Bank and Swingline Bank resulting from the Loans made by such Lender to the Borrower, each Loan and Swingline Loan from time to time, including the amounts of principal and interest thereon payable and paid to it, such Bank and Swingline Bank from time to time hereunderunder this Agreement. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, maintain accounts in which it will record (i) the amount of each Loan and Swingline Loan made hereunder to hereunder, the BorrowerType of each 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 Bank and Swingline Bank hereunder and (iii) the amount of any principal sum paid received by the Administrative Agent hereunder from the Borrower hereunder and each Xxxxxx’s share Bank's and Swingline Bank's Pro Rata Share thereof.
(c) . The entries maintained made in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, 2.5(a) shall be prima facie evidence of the existence and amounts of the Loans obligations therein recorded; provided however, that the failure of any Bank, Swingline Bank or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation obligations of the Borrower to repay the Loans and Swingline Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall controltheir terms.
(db) Any Lender may request that its Loans to Notwithstanding the Borrower be evidenced by a Note or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (orforegoing, if requested by any Bank or the Swingline Bank, the Borrower's or any Borrowing Subsidiary's obligation to pay the principal of, and interest on, each Bank's or Swingline Bank's Loans or Swingline Loans, as the case may be, shall be evidenced by (i) in the case of such LenderBank's Expansion Loans, a promissory note (an "Expansion Note") duly executed and delivered by the Borrower substantially in the form of Exhibit B hereto in a principal amount equal to such Lender and its registered assigns). ThereafterBank's Expansion Loan Commitment with blanks appropriately completed in conformity herewith, to the extent reflected (ii) in the Register, the Loans case of such Lender evidenced Bank's Revolving Loans, a promissory note (a "Revolving Note") duly executed and delivered by the Borrower or such Borrowing Subsidiary substantially in the form of Exhibit C hereto in a principal amount equal to such Bank's Revolving Loan Commitment, with blanks appropriately completed in conformity herewith and (iii) in the case of the Swingline Bank's Swingline Loans, a promissory note (a "Swingline Note") duly executed and delivered by the Borrower substantially in the form of Exhibit D hereto in a principal amount equal to such Swingline Bank's Swingline Loan Commitment. Each Note issued to a Bank shall (x) be payable to such Bank or Swingline Bank, (y) be dated the Closing Date, and (z) mature on the Final Maturity Date.
(c) Each Bank and Swingline Bank is hereby authorized, at its option, either (i) to endorse on the schedule attached to each of its Expansion Note, Revolving Note or Swingline Note (or on a continuation of such schedule attached to such Note and made a part thereof) an appropriate notation evidencing the date and amount of each Expansion Loan, Revolving Loan or Swingline Loan, as the case may be, evidenced thereby and the date and amount of each principal and interest thereon payment in respect thereof, or (ii) to record such Expansion Loans, Revolving Loans or Swingline Loans and such payments in its books and records. Such schedule or such books and records, as the case may be, shall at all times (including after any assignment pursuant constitute prima facie evidence of the accuracy of the information contained therein. Failure to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns make any such Note for cancellation and requests that endorsements or recordations or any error in any such Loans once again be evidenced as described endorsements or notations shall not affect the Borrower's or any Borrowing Subsidiary's obligations in clauses (a) and (b) of this Section 2.3. At the time respect of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to timeit, including the amounts of principal and interest thereon and paid to itsuch Lender, as applicable, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, maintain accounts in which it will record (i) the amount of each Loan made hereunder to the Borrowerhereunder, (ii) the amount of any principal and interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any principal sum paid received by the Agent hereunder from the Borrower hereunder and each Xxxxxx’s Lender's share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, 2.03 shall be prima facie rebuttable presumptive evidence of the existence and amounts of the Loans therein recorded; provided provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall controltheir terms.
(d) Any A Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and or its respective registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.610.05) be represented by one or more Notes payable to such Lender (the payee named therein or registered assigns any assignee pursuant to Section 12.6)10.05, except to the extent that any Lender or any such Lender (or registered assignee) assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.32.03. At the time of In connection with any payment or prepayment in full of the Loans evidenced by any Noteassignment pursuant to Section 10.05, if such assigning Lender shall have a Note issued to it, such assigning Lender shall promptly return its Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereundermarked “cancelled”.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five 5 Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan“loan ”” and not a “security“security ”” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder2.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and such Lender resulting from the Loans each Loan made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon payable and paid to it, such Lender from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, also maintain accounts in which it will record (i) the amount of each Loan made hereunder to hereunder, the Borrowertype thereof and the Interest Period and Interest Payment Date with respect 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 and (iii) the amount of any principal sum paid received by the Administrative Agent hereunder from the Borrower hereunder and each XxxxxxLender’s share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) of this Section 2.3 shall, absent manifest error, above shall be prima facie evidence of the existence and amounts of the Loans Obligations therein recorded; provided provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall controltheir terms.
(d) Any Lender may request that its Loans to the Borrower be evidenced by a Note or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) Notes payable to the order of such Lender (or, if requested in a form supplied by such Lender, the Administrative Agent and reasonably acceptable to such Lender and its registered assigns)the Borrower. Thereafter, to the extent reflected in the Register, the Loans of such Lender evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.612.12 hereof) be represented by one or more Notes payable to such Lender (the payee named therein or any registered assigns assignee permitted pursuant to Section 12.6), 12.12 hereof except to the extent that any such Lender (or registered assignee) assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses subsections (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunderabove.
Appears in 1 contract
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the The Senior Loans made hereunder shall constitute a “loanloans” and not a “securitysecurities” for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Facility Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each Loan the Senior Loans made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Senior Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each XxxxxxSenior Lender’s share thereofPercentage Share.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, be prima facie evidence of the existence and amounts of the Senior Loans therein recorded; provided that the failure of the Administrative Facility Agent or any Senior Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Senior Loans in accordance with the terms of this Agreement; provided, further, that in the event of a conflict between the entries maintained in such accounts and the Register, the Register shall control. In the event of a conflict between the entries maintained by a Senior Lender and those maintained by the Administrative Facility Agent, the records of the Administrative Facility Agent shall control.
(d) Any Senior Lender may request that its Senior Loans to the Borrower be evidenced by a Note or NotesNote. In such event, the Borrower shall promptly prepare, execute and deliver to such Senior Lender a Note (or Notes) payable to such Senior Lender (or, if requested by such Senior Lender, to such Senior Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Senior Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.612.5) be represented by one or more Notes payable to such Senior Lender (or registered assigns pursuant to Section 12.612.5), except to the extent that such Senior Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Senior Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Senior Loans evidenced by any Note, such Note shall be surrendered to the Administrative Facility Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Senior Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Senior Lender that is customary for the nature of the Senior Loans made hereunder.
Appears in 1 contract
Samples: Credit Agreement (AB Private Credit Investors Corp)
Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to it and resulting from the Loans made by such Lender to the Borrower, from time to time, including the amounts of principal and interest thereon and paid to it, from time to time hereunder. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Loans made hereunder shall constitute a “"loan” " and not a “"security” " for purposes of Section 8-102(15) of the UCC.
(b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount and Class of each Loan made hereunder to the Borrower, (ii) the amount of any principal due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any principal sum paid by the Borrower hereunder and each Xxxxxx’s Lender's share thereof.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 shall, absent manifest error, shall be prima facie evidence of the existence and amounts of the Loans therein recorded; provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. In the event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent shall control.
(d) Any Lender may request that its Loans of any Class to the Borrower be evidenced by a Note or Notesof such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note (or Notes) of such Class payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns)) and otherwise appropriately completed. Thereafter, to the extent reflected in the Register, the Loans of such Class of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.6) be represented by one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.3. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Administrative Agent promptly (but no more than five 10 Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. If requested by any Lender in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of the Loans made hereunder.
Appears in 1 contract