Common use of Evidence of Indebtedness; Notes Clause in Contracts

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 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; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a NoteNote 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall apply to each 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 regardless in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of whether such Xxxxxx has received a Notethe Loans made hereunder.

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 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; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such XxxxxxLender’s Note shall be deemed to mean the Advances Outstanding with respect to such XxxxxxLender. The parties hereto acknowledge and agree that the provisions herein and the other Facility Documents related to the Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx Lender has received a Note.

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 Advances 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall apply to each 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 regardless in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of whether such Xxxxxx has received a Notethe Loans made hereunder.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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. The Administrative Agent shall also maintain accounts in which it will record (a) the amount of each Loan made hereunder, the Class and Type thereof and, in the case of Eurodollar Loans, the Interest Period with respect thereto, (b) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (c) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. The entries maintained in the accounts maintained pursuant to sentences above shall be conclusive evidence of the existence and amounts of the Obligations therein recorded 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 Advances Obligations in accordance with the terms of this Agreementtheir terms. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances the Loans owing to the Borrower such Lender be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to the order of such Lender and otherwise appropriately completedits registered assigns. Thereafter, the Advances of such Lender Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)10.06) be represented by a Note one or more Notes payable to such Lender (the order of the payee named therein or registered assigns any assignee pursuant to Section 12.06(a))10.06, except to the extent that any such Lender (or assignee) assignee subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described solely in clause (a) the accounts of this Section 2.03. (c) If any such Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a NoteAdministrative Agent.

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 Advances 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. (b) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Type 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 Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the accounts of the Banks and each Bank’s share thereof. (c) The entries made in the accounts maintained pursuant to paragraph (a) and (b) of this Section shall be rebuttable presumptive evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender Bank or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender Bank may request that its Advances to the Borrower Loans made by it be evidenced by a Notesingle Note payable 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 payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03Bank. (ce) If Each Bank may record, and prior to any Lender elects not transfer of its Notes shall endorse on the schedules forming a part thereof appropriate notations to receive a Noteevidence, all references herein the date, amount and maturity of, and effective interest rate for, each Loan made by it, the other Facility Documents to such Xxxxxx’s Note shall be deemed to mean date and amount of each payment of principal made by the Advances Outstanding Borrower with respect to thereto, and such Xxxxxx. The parties hereto acknowledge schedules of each such Bank’s Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and agree unpaid on such Bank’s Notes; provided, that the provisions herein failure of any Bank to make any such recordation or endorsement shall not affect the obligation of the Borrower hereunder or under the Notes or the ability of any 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 other Facility Documents related Loans outstanding from time to time, at the Lenders hereunder request of the Borrower, the Administrative Agent shall apply to each Lender regardless furnish the Borrower with its records of whether such Xxxxxx has received a Notetransactions under this Agreement, in reasonable detail.

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 Advances 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. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Term Loan made hereunder, the Type 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, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.15 shall be prima facie evidence of the existence and amounts of the 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 Advances such obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any Lender may request that its Advances to the Borrower Term Loan be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note one or more promissory notes payable to such Lender and otherwise appropriately completedin a form acceptable to the Borrower and the Administrative Agent. Thereafter, the Advances 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 12.06(a)8.07) be represented by a Note notes from the Borrower, payable to such Lender (the payee named therein or registered assigns any assignee pursuant to Section 12.06(a))8.07, except to the extent that any such Lender (or assignee) assignee subsequently returns any such Note notes for cancellation and requests that such Advances Borrowings once again be evidenced as described in clause subsections (a) and (b) of this Section 2.032.15. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 Lxxxxx’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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall apply to each Lender regardless be cancelled and shall not be reissued, and no Note shall be issued in lieu of whether such Xxxxxx has received a any prepaid principal amount of any Note.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a NoteNote 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than five Business Days) following such payment or prepayment in full. Any such Note shall apply to each 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 regardless in writing, the Borrower shall obtain a CUSIP or other loan identification number requested by such Lender that is customary for the nature of whether such Xxxxxx has received a Notethe Loans made hereunder.

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 Advances 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. (b) The Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the type 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 Bank hereunder and (iii) the amount of any sum received by the Agent hereunder for the accounts of the Banks and each Bank’s share thereof. (c) The entries made in the accounts maintained pursuant to paragraph (a) and (b) of this Section shall be rebuttable presumptive evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender Bank or the Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender Bank may request that its Advances to the Borrower Syndicated Loans made by it be evidenced by a Notesingle Syndicated 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 such Bank’s Commitment. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender the Agent a Syndicated Loan Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances order of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03Bank. (ce) If Upon receipt of any Lender elects not to receive a NoteBank’s Notes, all references herein and the other Facility Documents Agent shall deliver such Notes to such Xxxxxx’s Note Bank. Each Bank shall be deemed record, and prior to mean any transfer of its Notes shall endorse on the Advances Outstanding schedules forming a part thereof appropriate notations to evidence, the 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 to thereto, and such Xxxxxx. The parties hereto acknowledge schedules of each such Bank’s Notes shall constitute rebuttable presumptive evidence of the respective principal amounts owing and agree unpaid on such Bank’s Notes; provided, that the provisions herein failure of any Bank to make any such recordation or endorsement shall not affect the obligation of the Borrower hereunder or under the Notes or the ability of any 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 other Facility Documents related Loans outstanding from time to time, at the Lenders hereunder request of the Borrower, the Agent shall apply to each Lender regardless furnish the Borrower with its records of whether such Xxxxxx has received a Notetransactions under this Agreement, in reasonable detail.

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 Advances 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 establish and maintain the Register in accordance with Section 12.6(f). (c) The entries maintained in the accounts maintained by the Lenders pursuant to clause (a) 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 any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances Loans in accordance with the terms of this Agreement. The Collateral Agent ; provided, further, that in the event of a conflict between the entries maintained in such accounts and the Register, the Register shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendercontrol. (bd) Any Lender may request that its Advances Loans of any Class to the Borrower be evidenced by a NoteNote of such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and otherwise appropriately completed. Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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. The Administrative Agent shall also maintain accounts in which it will record (A) the amount of each Loan made hereunder, the Class and Type thereof and, in the case of Eurocurrency Rate Loans, the Interest Period with respect thereto, (B) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (C) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. The entries maintained in the accounts maintained pursuant to sentences above shall be conclusive evidence of the existence and amounts of the Obligations therein recorded 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 Advances Obligations in accordance with the terms of this Agreementtheir terms. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances the Loans owing to the Borrower such Lender be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to the order of such Lender and otherwise appropriately completedits registered assigns. Thereafter, the Advances of such Lender Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)10.06) be represented by a Note one or more Notes payable to such Lender (the order of the payee named therein or registered assigns any assignee pursuant to Section 12.06(a))10.06, except to the extent that any such Lender (or assignee) assignee subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described solely in clause (a) the accounts of this Section 2.03. (c) If any such Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a NoteAdministrative Agent.

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 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; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances Commitment to the Borrower be evidenced by a Revolving Note or Term Note, as applicable. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Revolving Note or Term Note, as applicable, payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Revolving Note or Term Note, as applicable, and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Revolving Note or Term Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Revolving Note or Term Note, as applicable, for cancellation and requests that such Advances once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If With respect to any Mandatory Revolving Conversion Date, each Revolving Lender elects not that holds a Revolving Note in respect of a Converted Revolving Advance shall cooperate with the Borrower to receive either (i) deliver such Revolving Note for cancellation to the extent that the Revolving Commitment of such Revolving Lender is terminated in full or (ii) make a Notenotation on Schedule I to the Revolving Note to reduce the principal amount of Revolving Advances outstanding thereunder in respect of any Converted Revolving Advances, all references herein and simultaneously with any such cancellation or notation described in subclauses (i) and (ii) above, the other Facility Documents Borrower shall cooperate with each respective Term Lender to execute and deliver a Term Note in respect of the Converted Revolving Advance that is payable to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a NoteTerm Lender.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 Lexxxx’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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 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; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding outstanding with respect to each Lender. (b) Any Lender may request that its Advances to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.registered

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 Advances 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. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period 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 (c) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 Advances Obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any Lender may request that its Advances to the Borrower Loans be evidenced by a NoteNote or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note or Notes payable to such Lender and otherwise appropriately completed. Thereafter, the Advances order of such Lender evidenced in a form supplied by such Note the Administrative Agent and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.reasonably

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and otherwise appropriately completed. Thereafter, the Advances Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than 5 Business Days) following such payment or prepayment in full. Any such Note shall apply to each Lender regardless be cancelled and shall not be reissued, and no Note shall be issued in lieu of whether such Xxxxxx has received a any prepaid principal amount of any Note.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. 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 otherwise appropriately completedits registered assigns). Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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) Subject to the Register in Section 12.5(f) which shall control in all cases, the entries maintained in the accounts maintained pursuant to clause (a) of this Section 2.3 shall be prima facie evidence of the existence and amounts of the Loans therein recorded, absent manifest error; 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bc) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and its registered assigns and otherwise appropriately completed. Thereafter, to the Advances 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 12.06(a)12.5) be represented by a Note one or more Notes payable to such Lender (or and its registered assigns pursuant to Section 12.06(a))assigns, except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause (a) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 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; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Promptly after all Obligations (other than unasserted contingent obligations) have been paid in full and all Commitments have been terminated, each Lender elects not to receive whose Advances were evidenced by a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be deemed to mean the Advances Outstanding with respect to return such Xxxxxx. The parties hereto acknowledge and agree that the provisions herein and the other Facility Documents related Note to the Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a NoteBorrower for cancellation.

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 Advances 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. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type 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 sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 Advances Obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any Lender may request that its Advances to the Borrower Loans be evidenced by a NoteNote or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note or Notes payable to the order of such Lender in a form supplied by the Administrative Agent and otherwise appropriately completedreasonably acceptable to the Borrower. Thereafter, the Advances of such Lender Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)12.12 hereof) be represented by a Note one or more Notes payable to such Lender (the payee named therein or any registered assigns assignee permitted pursuant to Section 12.06(a)), 12.12 hereof except to the extent that any such Lender (or assignee) assignee subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause subsections (a) of this Section 2.03and (b) above. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 Lender's share thereof. (c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.3 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender may request that its Advances Loans of any Class to the Borrower be evidenced by a NoteNote of such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note 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, the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than 10 Business Days) following such payment or prepayment in full. Any such Note shall apply to each Lender regardless be cancelled and shall not be reissued, and no Note shall be issued in lieu of whether such Xxxxxx has received a any prepaid principal amount of any Note.

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 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; provided that the failure of any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (b) Any Lender may request that its Advances to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such XxxxxxLender’s Note shall be deemed to mean the Advances Outstanding with respect to such XxxxxxLender. The parties hereto acknowledge and agree that the provisions herein and the other Facility Documents related to the Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx Lender has received a Note. (d) Promptly after all Obligations (other than unasserted contingent obligations) have been paid in full and all Commitments have been terminated, each Lender whose Advances were evidenced by a Note shall return such Note to the Borrower for cancellation.

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 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. (b) The Administrative Agent shall maintain, in accordance with its usual practices, accounts in which it will record (i) the amount of each 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 Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.03 shall be prima facie evidence of the existence and amounts of the 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 Advances in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender may request that its Advances Commitment to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a13.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a13.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period 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 (ciii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 Advances Obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any Lender may request that its Advances to the Borrower Loans be evidenced by a NoteNote or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note or Notes payable to the order of such Lender in a form supplied by the Administrative Agent and otherwise appropriately completedreasonably acceptable to the Borrower. Thereafter, the Advances of such Lender Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)12.12 hereof) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.be

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 Advances 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 Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, (ii) the amount of any principal and interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iii) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof. (c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) of this Section 2.03 shall be rebuttable presumptive evidence of the existence and amounts of the Loans therein recorded; provided provided, however, that the failure of the 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 Advances Obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any A Lender may request that its Advances to the Borrower Loans be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender and otherwise appropriately completedor its respective registered assigns. Thereafter, the Advances of such Lender Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)10.05) be represented by a Note one or more Notes payable to such Lender (the payee named therein or registered assigns any assignee pursuant to Section 12.06(a))10.05, except to the extent that any Lender or any such Lender (or assignee) assignee subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If . In connection with any assignment pursuant to Section 10.05, if such assigning Lender elects not shall have a Note issued to receive a Noteit, all references herein and the other Facility Documents to such Xxxxxx’s assigning Lender shall promptly return its Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a NoteAgent marked “cancelled”.

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 Advances 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. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period 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 (c) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 Advances Obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any Lender may request that its Advances to the Borrower Loans be evidenced by a NoteNote or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note or Notes payable to such Lender and otherwise appropriately completed. Thereafter, the Advances order of such Lender evidenced in a form supplied by such Note the Administrative Agent and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in clause (a) of this Section 2.03. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.reasonably -15-

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 Advances 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 Advances 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. The Collateral Agent shall be entitled to conclusively rely upon In the information provided to it event of a conflict between the entries maintained by a Lender and those maintained by the Administrative Agent, the records of the Administrative Agent with respect to the Advances Outstanding with respect to each Lendershall control. (bd) Any Lender may request that its Advances Loans of any Class to the Borrower be evidenced by a NoteNote of such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and otherwise appropriately completed. Thereafter, to the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type 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 sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 Advances Obligations in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lendertheir terms. (bd) Any Lender may request that its Advances to the Borrower Loans be evidenced by a NoteNote or Notes. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note or Notes payable to the order of such Lender in a form supplied by the Administrative Agent and otherwise appropriately completedreasonably acceptable to the Borrower. Thereafter, the Advances of such Lender Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)12.12 hereof) be represented by a Note one or more Notes payable to such Lender (the payee named therein or any registered assigns assignee permitted pursuant to Section 12.06(a)), 12.12 hereof except to the extent that any such Lender (or assignee) assignee subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause subsections (a) of this Section 2.03and (b) above. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender may request that its Advances Loans of any Class to the Borrower be evidenced by a NoteNote of such Class. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note 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, the Advances 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 12.06(a)12.6) be represented by a Note one or more Notes of such Class payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.03. (c) If 2.3. At the time of any Lender elects not to receive a payment or prepayment in full of the Loans evidenced by any Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 surrendered to the Lenders hereunder Administrative Agent promptly (but no more than 5 Business Days) following such payment or prepayment in full. Any such Note shall apply to each Lender regardless be cancelled and shall not be reissued, and no Note shall be issued in lieu of whether such Xxxxxx has received a any prepaid principal amount of any Note.

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 Advances 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 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 Advances Loans in accordance with the terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances Outstanding with respect to each Lender. (bd) Any Lender may request that its Advances Loans to the Borrower be evidenced by a Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and otherwise appropriately completed. Thereafter, the Advances Loans of such Lender evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)12.6) be represented by a Note one or more Notes payable to such Lender (or registered assigns pursuant to Section 12.06(a)12.6), except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Advances Loans once again be evidenced as described in clause clauses (a) and (b) of this Section 2.032. (c) If any Lender elects not to receive a Note, all references herein and the other Facility Documents to such Xxxxxx’s Note shall be 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 Lenders hereunder shall apply to each Lender regardless of whether such Xxxxxx has received a Note.