Common use of Evidence of Indebtedness Clause in Contracts

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 35 contracts

Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), 364 Day Credit Agreement (Midamerican Energy Co)

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Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount and Borrower of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.08 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the any Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the each Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 14 contracts

Samples: Credit Agreement (Indiana Michigan Power Co), Credit Agreement (Appalachian Power Co), Credit Agreement (Columbus Southern Power Co /Oh/)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 12 contracts

Samples: Credit Agreement (Ohio Power Co), Credit Agreement (Ohio Power Co), Credit Agreement (Ohio Power Co)

Evidence of Indebtedness. (a) Each The Borrowings made by each Lender shall maintain be evidenced by one or more accounts or records maintained by such Lender and evidenced by one or more entries in accordance the Register maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c), as agent for the Borrower, in each case in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Borrowings made by the Lenders to the Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrower hereunder to pay any amount owing with its usual practice an account or respect to the Obligations. In the event of any conflict between the accounts evidencing and records maintained by any Lender and the indebtedness accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender resulting from each Loan made by such Lender from time to time, including (through the amounts of principal and interest Administrative Agent) a Note payable and paid to such Lender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender from time may attach schedules to time under this Agreementits Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (b) The Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.09(a), and by each Lender in its account or accounts pursuant to Section 2.09(a), shall maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the Type of each Loan made principal and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, 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 made and, in the accounts maintained pursuant to subsections (a) case of such account or accounts, such Lender, under this Agreement and (b) of this Section 2.10 shallthe other Loan Documents, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recordedabsent manifest error; provided, however, provided that the failure of any Lender or the Administrative Agent or such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligations of the Borrower to repay under this Agreement and the Loans and interest thereon in accordance with their termsother Loan Documents. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 9 contracts

Samples: Credit Agreement (JOANN Inc.), Second Lien Term Credit Agreement (JOANN Inc.), Credit Agreement (Jo-Ann Stores Holdings Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan The Loans made by such Lender from time the Bank to timethe Borrowers shall be evidenced by one or more loan accounts or records maintained by the Bank in the ordinary course of business. Each Borrower, including on behalf of its respective Funds, irrevocably authorizes the amounts of principal and interest payable and paid Bank to such Lender from time make or cause to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) be made, at or about the amount date of each Loan made hereunder, to such Borrower or at the Type time of receipt of any payment of principal of each such Loan, an appropriate notation on its loan accounts or records, including computer records, reflecting the making of such Loan made and or (as the Interest Period applicable thereto, (iicase may be) the receipt of such payment. The outstanding amount of the Loans set forth in any principal such loan accounts or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of records, including any sum received computer records, maintained by the Administrative Agent hereunder from Bank with respect to the Borrower and each Lender’s share thereof. (c) The entries Loans made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 by it shall, to the extent permitted by Applicable Lawabsent manifest error, be prima facie evidence of the existence principal amount thereof owing and amounts of unpaid to the obligations therein recorded; providedBank, however, that but the failure of any Lender or the Administrative Agent to maintain such accounts record, or any error therein in so recording, any such amount on any such loan account or record shall not in any manner limit or otherwise affect the obligations obligation of each of the Borrower Borrowers, on behalf of each of its respective Funds, hereunder or under the other Loan Documents to repay make payments of principal of, and interest on, the Loans when due. (b) Each Borrower hereby agrees that, upon request of the Bank, such Borrower shall promptly execute and deliver to the Bank, a promissory note (as amended, supplemented or otherwise modified, the “Note”) substantially in the form of Exhibit A attached hereto, payable to the Bank in an amount equal to the Committed Line Amount or, if less, the aggregate unpaid principal amount of the Bank’s Loans, plus interest thereon as provided below, which shall evidence the Bank’s Loans in addition to such records. (c) In recognition of the Bank now evidencing the Loans by one or more loan accounts or records maintained by the Bank in the ordinary course of business in accordance with their terms. (d) Any Lender may request that any Loans Section I(3)(a), after the effectiveness of this letter amendment, the Bank shall return to the Borrowers, if requested, the Amended and Restated Promissory Note, dated January 28, 2015, made by it one or more of the Borrowers and payable to the Bank in its possession as of December 16, 2019 (the “Existing Note”), marked “Cancelled”. The cancellation of the original Existing Note shall not be deemed to evidence the repayment or satisfaction of any existing Loans or related Obligations, all of which shall thereafter be evidenced by one or more promissory notes. In such event, loan accounts or records maintained by the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (Bank as so described in Section I(3)(a) or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. ThereafterBank under Section I(3)(b), the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.Note. January 28, 2015

Appears in 8 contracts

Samples: Thirteenth Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND)), Twelfth Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND)), Eleventh Amendment to the Baron Family of Funds $200,000,000 Committed Line of Credit (BARON INVESTMENT FUNDS TRUST (F/K/a BARON ASSET FUND))

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan made thereof and the Interest Period applicable (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, 2.17 shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon such obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it its Advances be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory acceptable to the Borrower and the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form from the Borrower, payable to the payee named thereintherein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such notes for cancellation and requests that such Borrowings once again be evidenced as in subsections (a) and (b) of this Section 2.17.

Appears in 6 contracts

Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy Mississippi, LLC), Credit Agreement (Entergy Mississippi, LLC)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Revolving Loans made by it be evidenced by one a promissory note substantially in the form of Exhibit D, or more that its Term Loan be evidenced by a promissory notesnote substantially in the form of Exhibit E in the case of the Swing Line Lender, a promissory note substantially in the form Exhibit F (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes such Notes payable to such Lender (or, if requested by the order of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (b)(i) and (ii) above.

Appears in 6 contracts

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Term Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Term Loan Commitment of each Lender, (ii) the amount of each Term Loan made hereunderhereunder by each Lender, the Type of each Loan made thereof and the Interest Period Period, if any, applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.4, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.4, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Term Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Term Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Term Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes a Term Note, payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 5 contracts

Samples: Credit Agreement (Bristow Group Inc), Superpriority Secured Debtor in Possession Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement (Midamerican Funding LLC)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.5, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.5, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (da) Any At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form Note payable to the payee named thereinorder of such Lender.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp)

Evidence of Indebtedness. (ai) The indebtedness of the Borrower to each Lender resulting from the Revolving Advances owing to such Lender shall be evidenced by a Revolving Note of the Borrower payable to such Lender or its registered assigns. The indebtedness of the Borrower to the Swing Line Lender resulting from the Swing Line Advances shall be evidenced by the Swing Line Note. (ii) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan the Advances made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (biii) The Administrative Agent shall also maintain accounts in which it will record (iA) the amount of each Loan Advance made hereunder, the Class and Type of each Loan made thereof and the Interest Period applicable with respect thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiC) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (civ) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (aii) and (biii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 4 contracts

Samples: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made to each Borrower hereunder, the Agreed Currency and Type of each Loan made and thereof and, if applicable, the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Letter of Credit issued for the account of, and the amount of the LC Exposure with respect to, each Borrower at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections clauses (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the any Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more a promissory notesnote (each a “Promissory Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes a Promissory Note payable to such Lender (or, if requested by such Lender, to such Lender and its assigneesregistered assigns) and in a form reasonably satisfactory to approved by the Administrative AgentAgent and the Company (such approval not to be unreasonably withheld). Thereafter, the Loans evidenced by such promissory notes Promissory Notes and interest thereon shall at all times (including after assignment pursuant to Section 8.0712.1) be represented by one or more promissory notes Promissory Notes in such form payable to the payee named thereintherein or its registered assigns.

Appears in 3 contracts

Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Long Term Credit Agreement (Bemis Co Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 3 contracts

Samples: Credit Agreement (Sierra Pacific Power Co), Credit Agreement (Berkshire Hathaway Energy Co), Credit Agreement (Nevada Power Co)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable 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 Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Bank to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender Bank may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in substantially the form of Exhibit B (collectively, the “Notes” and individually, as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes Bank a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative AgentBank. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.6) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.6, except to the extent that any such Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Alliance Data Systems Corp), Term Loan Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender it and resulting from each Loan the Advances made by such Lender to the Borrower, from time to time, including the amounts and currencies of principal and interest payable thereon and paid to such Lender it, from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Advances in accordance with their termsthe 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. (db) Any Lender may request that any Loans made by it its Advances to the Borrower be evidenced by one or more promissory notesa Note. In such event, the Borrower Administrative Agent or such Lender shall prepare, and the Borrower shall promptly execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by such Lender, to such Lender and its assigneeswhich Note shall be substantially in the form of Exhibit A hereto) and in a form reasonably satisfactory to otherwise appropriately completed and the Administrative AgentAgent shall record such issuance and delivery in the Register. Thereafter, to the Loans extent reflected in the Register, the Advances of such Lender evidenced by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.06(a)) be represented by one or more promissory notes in such form a Note payable to such Lender (or registered assigns pursuant to Section 13.06(a)), except to the payee named thereinextent 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 2.04.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.)

Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan the Advances made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (iA) the amount of each Loan Advance made hereunder, the Class, the Series and Type of each Loan made thereof and the Interest Period applicable with respect thereto, (iiB) the amount of any principal or interest or other amounts due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (C) the Term Commitments and Incremental Term Commitments of each Lender and (iiiD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence conclusive of the existence and amounts of the obligations Obligations therein recordedrecorded absent manifest error; providedprovided that, in the event of any inconsistency between the entries in the accounts maintained pursuant to paragraphs (i) and (ii) above, the entries in the accounts maintained pursuant to paragraph (ii) above shall govern; provided further, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. *Information marked with an asterisk herein has been omitted and filed separately with the Commission pursuant to a request for confidential treatment. (div) Any Lender may request that any Loans made by it the Advances owing to such Lender be evidenced by one or more a promissory notesnote (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by such Lender, to the order of such Lender and its assignees) registered assigns and in a form and substance reasonably satisfactory acceptable to the Administrative AgentAgent and the Borrower. Thereafter, the Loans Advances evidenced by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.6) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 9.6, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Advances once again be evidenced as described in paragraphs (i) and (ii) above.

Appears in 3 contracts

Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 3 contracts

Samples: Credit Agreement (American Electric Power Co Inc), Credit Agreement (American Electric Power Co Inc), Credit Agreement

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it the Bank to the Borrowers shall be evidenced by one or more promissory notesloan accounts or records maintained by the Bank in the ordinary course of business. In Each Borrower, on behalf of its respective Funds, irrevocably authorizes the Bank to make or cause to be made, at or about the date of each Loan to such eventBorrower or at the time of receipt of any payment of principal of each such Loan, an appropriate notation on its loan accounts or records, including computer records, reflecting the making of such Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Loans set forth in any such loan accounts or records, including any computer records, maintained by the Bank with respect to the Loans made by it shall, absent manifest error, constitute prima facie evidence of the principal amount thereof owing and unpaid to the Bank, but the failure to record, or any error in so recording, any such amount on any such loan account or record shall not limit or otherwise affect the obligation of each of the Borrowers, on behalf of each of its respective Funds, hereunder or under the other Loan Documents to make payments of principal of and interest on the Loans when due. (b) Each Borrower hereby agrees that, upon request of the Bank, such Borrower shall prepare, promptly execute and deliver to the Bank, a promissory note (as amended, supplemented or otherwise modified, the “Note”) substantially in the form of Exhibit A attached hereto, payable to the Bank in an amount equal to the Uncommitted Line Amount or, if less, the aggregate unpaid principal amount of the Loans, plus interest thereon as provided below, which shall evidence the Loans in addition to such Lender records. (c) In recognition of the Bank now evidencing the Loans by one or more promissory notes loan accounts or records maintained by the Bank in the ordinary course of business in accordance with Section I(3)(a), after the effectiveness of the Letter Amendment, dated as of March 6, 2020, by and among the Bank and the Borrowers signatory thereto, and the Bank shall return to the Borrowers, if requested, the Promissory Note, dated November 3, 2017, made by one or more of the Borrowers and payable to such Lender the Bank in its possession as of March 6, 2020 (the “Existing Note”), marked “Cancelled”. The cancellation of the original Existing Note shall not be deemed to evidence the repayment or satisfaction of any existing Loans or related Obligations, all of which shall thereafter be evidenced by one or more loan accounts or records maintained by the Bank as so described in Section I(3)(a) or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. ThereafterBank under Section I(3)(b), the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.Note. Credit Suisse Family of Funds November 3, 2017

Appears in 3 contracts

Samples: Sixth Amendment to the Credit Suisse Family of Funds $200,000,000 Uncommitted Discretionary Demand Line of Credit (Credit Suisse Opportunity Funds), Fifth Amendment to the Credit Suisse Family of Funds $200,000,000 Uncommitted Discretionary Demand Line of Credit (Credit Suisse Opportunity Funds), Third Amendment to the Credit Agreement (Credit Suisse Opportunity Funds)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.7, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.7, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the The Borrower shall prepare, will execute and deliver to such each Lender one or more promissory notes payable to such a Revolving Credit Note and, in the case of the Swingline Lender (oronly, if requested by such Lendera Swingline Note, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinorder of such Lender.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it the Bank to the Borrowers shall be evidenced by one or more promissory notesloan accounts or records maintained by the Bank in the ordinary course of business. In Each Borrower, on behalf of its respective Funds, irrevocably authorizes the Bank to make or cause to be made, at or about the date of each Loan to such eventBorrower or at the time of receipt of any payment of principal of each such Loan, an appropriate notation on its loan accounts or records, including computer records, reflecting the making of such Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Loans set forth in any such loan accounts or records, including any computer records, maintained by the Bank with respect to the Loans made by it shall, absent manifest error, constitute prima facie evidence of the principal amount thereof owing and unpaid to the Bank, but the failure to record, or any error in so recording, any such amount on any such loan account or record shall not limit or otherwise affect the obligation of each of the Borrowers, on behalf of each of its respective Funds, hereunder or under the other Loan Documents to make payments of principal of and interest on the Loans when due. (b) Each Borrower hereby agrees that, upon request of the Bank, such Borrower shall prepare, promptly execute and deliver to the Bank, a promissory note (as amended, supplemented or otherwise modified, the “Note”) substantially in the form of Exhibit A attached hereto, payable to the Bank in an amount equal to the Committed Line Amount or, if less, the aggregate unpaid principal amount of the Loans, plus interest thereon as provided below, which shall evidence the Loans in addition to such Lender records. (c) In recognition of the Bank now evidencing the Loans by one or more promissory notes loan accounts or records maintained by the Bank in the ordinary course of business in accordance with Section I(3)(a), after the effectiveness of the Letter Amendment, dated as of March 6, 2020, by and among the Bank and the Borrowers signatory thereto, and the Bank shall return to the Borrowers, if requested, the Amended and Restated Promissory Note, dated March 11, 2016, made by one or more of the Borrowers and payable to such Lender the Bank in its possession as of March 6, 2020 (the “Existing Note”), marked “Cancelled”. The cancellation of the original Existing Note shall not be deemed to evidence the repayment or satisfaction of any existing Loans or related Obligations, all of which shall thereafter be evidenced by one or more loan accounts or records maintained by the Bank as so described in Section I(3)(a) or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. ThereafterBank under Section I(3)(b), the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.Note. Credit Suisse Family of Funds June 10, 2009 Page 3

Appears in 3 contracts

Samples: Seventeenth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Trust), Sixteenth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Commodity Strategy Funds), Sixteenth Amendment to the Credit Suisse Family of Funds $250,000,000 Committed Line of Credit (Credit Suisse Opportunity Funds)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable 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 made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms of Exhibit D (the “Revolving Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Revolving Note payable to such Lender (oror its registered assigns in the amount of its Revolving Credit Commitment, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Revolving Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.2) be represented by one or more promissory notes in such form Revolving Notes payable to the payee named thereintherein or any assignee pursuant to Section 13.2, except to the extent that any such Lender or assignee subsequently returns any such Revolving Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Envestnet, Inc.), Credit Agreement (Envestnet, Inc.), Credit Agreement (Envestnet, Inc.)

Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries made maintained in the accounts and records maintained pursuant to subsections paragraphs (ai) and (bii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts and records or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (div) Any Lender may request that any its Ratable Loans made by it or its Competitive Bid Loans be evidenced by one Ratable Notes or more promissory notesCompetitive Bid Notes, respectively. In such event, the Borrower shall prepare, execute and deliver to such Lender one a Ratable Note in the form of Exhibit 2.13-1 or more promissory notes a Competitive Bid Note in the form of Exhibit 2.13-2, as the case may be, payable to such Lender (or, if requested by the order of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced represented by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented evidenced by one or more promissory notes in such form a Note payable to the order of the payee named thereintherein or any assignee pursuant to Section 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in paragraphs (i) and (ii) above.

Appears in 2 contracts

Samples: Credit Agreement (WGL Holdings Inc), Credit Agreement (WGL Holdings Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Revolving Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Revolving Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any The Revolving Loans of each Lender may may, at the request that any Loans made by it of a Lender, be evidenced by one or more a promissory notesnote substantially in the form of Exhibit C (each a “Revolving Credit Note”). In Upon receipt of any such eventrequest, the Borrower shall prepare, execute and deliver to such Lender one such a Revolving Credit Note or more promissory notes Revolving Credit Notes payable to the order of such Lender (or, if requested by in such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentform. Thereafter, the Revolving Loans evidenced by such promissory notes Revolving Credit Note or Revolving Credit Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0713.3) be represented by one or more promissory notes in such form Revolving Credit Notes payable to the order of the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Independent Bank Group, Inc.), Credit Agreement (Independent Bank Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the amount of each Loan made hereunderhereunder by each Lender, the Type of each Loan made thereof and the Interest Period applicable thereto, (ii) the date of each continuation thereof pursuant to Section 2.3, (iii) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.3, (iv) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiiv) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes payable to such Lender (ora Note, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinorder of such Lender.

Appears in 2 contracts

Samples: Term Loan Agreement (Tc Pipelines Lp), Term Loan Agreement (Tc Pipelines Lp)

Evidence of Indebtedness. (a) Each Lender The Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender of the Borrower resulting from each Loan made by such Lender the Bank from time to time, including the amounts of principal and interest payable and paid to such Lender the Bank from time to time under this Agreementhereunder. (b) The Administrative Agent Bank shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable 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 the Bank hereunder and (iii) the amount of any sum received by the Administrative Agent Bank hereunder from the Borrower and each Lender’s share thereofBorrower. (c) The entries made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent Bank to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the The Borrower shall prepare, execute and deliver to such Lender one the Bank a promissory note or more promissory notes payable to such Lender the Bank or its registered assigns in the forms of Exhibit C-1 (or, if requested by such Lender, in the case of the Term Loan and referred to such Lender and its assigneesherein as a “Term Note”) and C-2 (in the case of the Revolving Loans and referred to herein as a form reasonably satisfactory “Revolving Note”) (the Term Note and Revolving Note being hereinafter referred to collectively as the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes “Notes” and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinindividually as a “Note”).

Appears in 2 contracts

Samples: Credit Agreement (Pioneer Power Solutions, Inc.), Credit Agreement (Pioneer Power Solutions, Inc.)

Evidence of Indebtedness. (a) Each Lender The Agent shall open and maintain in accordance with its usual practice an account or accounts evidencing on the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including books of the amounts Agent at the office of principal and interest payable and paid to such Lender the Agent where the Agent's Account for Payments is from time to time maintained, accounts and records (the "Accounts") evidencing the Borrowings and other amounts owing by the Borrower to the Agent and each Lender under this Agreement. (b) . The Administrative Agent shall maintain accounts in which it will record (i) debit therein the amount of such Borrowings, and shall enter therein each Loan made hereunder, payment of principal of and interest on such Borrowings and fees and other amounts payable pursuant to this Agreement and shall record the Type of Bankers' Acceptances accepted by each Loan made such Lender and the Interest Period applicable thereto, (ii) Letters of Credit issued by each such Lender and all other amounts becoming due to the amount of any principal or interest due Agent 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) under this Agreement. The entries made Accounts constitute, in the accounts maintained pursuant to subsections (a) and (b) absence of this Section 2.10 shallmanifest error, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations indebtedness of the Borrower to repay the Loans Agent and each Lender pursuant to this Agreement, the date each Lender made each Borrowing available to the Borrower and the amounts the Borrower has paid from time to time on account of the principal of and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory noteson the Borrowings, fees payable pursuant to this Agreement and other amounts owing hereunder. In such eventThe Agent shall, from time to time upon the Borrower's reasonable request, provide to the Borrower shall prepare, execute copies of such accounts and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinrecords.

Appears in 2 contracts

Samples: Credit Agreement (PENGROWTH ENERGY Corp), Credit Agreement (PENGROWTH ENERGY Corp)

Evidence of Indebtedness. (a) Each Lender The Lenders shall maintain in accordance with its usual customary practice an account or accounts evidencing the indebtedness to such Lender the Lenders resulting from each Loan the Loans made by such Lender from time to timethe Lenders, including the amounts of principal and interest payable and paid to such Lender the Lenders from time to time under this Agreement. (b) The Administrative Agent Lenders shall maintain in a register (the “Register”) accounts in which it they will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender the Lenders hereunder and (iii) the amount of any sum received by the Administrative Agent Lenders hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 above shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent Lenders to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower Borrowers to repay the Loans made to the Borrowers and interest thereon in accordance with their termsthe terms hereof. (d) Any Each Lender may request that any the Loans made by it be evidenced by one or more promissory notesNotes. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes Notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its permitted assignees) and in a form reasonably satisfactory to the Administrative Agent). Thereafter, the Loans evidenced by such promissory notes Notes and interest thereon shall at all times (including after assignment pursuant to Section 8.075.07) be represented by one or more promissory notes Notes in such form payable to the order of the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the Interest Period applicable theretotype thereof, (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 made maintained in the accounts maintained pursuant to subsections (aSections 2.8(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms of Exhibit D (in the case of its Term Loan and referred to herein as a “Term Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentamount of the Term Loan. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.9) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.9, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (American Railcar Industries, Inc.), Credit Agreement (American Railcar Industries, Inc.)

Evidence of Indebtedness. (ai) The indebtedness of the Borrower to each Lender resulting from the (i) Loans owing to such Lender and (ii) such Lender’s Pro Rata Share of the Delayed Draw Commitment shall be evidenced by a Term Note of the Borrower payable to such Lender or its registered assigns. (ii) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan the Loans made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (biii) The Administrative Agent shall also maintain accounts in which it will record (iA) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the Interest Period applicable theretoClass thereof, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiC) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (civ) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (aii) and (biii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. ; provided, further, that in the event of any inconsistency between the accounts maintained by the Administrative Agent pursuant to paragraph (diii) Any Lender may request that of this Section 2.02(g) and any Loans made by it be evidenced by one or more promissory notes. In such eventLender’s records, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to accounts of the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon Agent shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereingovern.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Quintana Energy Services Inc.), Second Lien Credit Agreement (Quintana Energy Services Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Credit Agreement. Each Lender will make reasonable efforts to maintain the accuracy of its account or accounts and to promptly update its account or accounts from time to time, as necessary. (b) The Administrative Agent shall maintain accounts the Register pursuant to Section 11.7(c), and a subaccount for each Lender, in which it will record Register and subaccounts (taken together) shall be recorded (i) the amount amount, type and Interest Period of each such Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from or for the Borrower account of any Credit Party and each Lender’s 's share thereof. The Administrative Agent will make reasonable efforts to maintain the accuracy of the subaccounts referred to in the preceding sentence and to promptly update such subaccounts from time to time, as necessary. (c) The entries made in the accounts accounts, Register and subaccounts maintained pursuant to subsections (a) and clause (b) of this Section 2.10 shall3.18 (and, to if consistent with the extent permitted by Applicable Lawentries of the Administrative Agent, clause (a)) shall be prima facie evidence of the existence and amounts of the obligations of the Credit Parties therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain any such accounts account, such Register or such subaccount, as applicable, or any error therein therein, shall not in any manner affect the obligations obligation of the Borrower Credit Parties to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver Obligations owing to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (CNL Retirement Properties Inc), Credit Agreement (CNL Retirement Properties Inc)

Evidence of Indebtedness. (a) Each Lender The Agent shall open and maintain in accordance with its usual practice an account or accounts evidencing on the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including books of the amounts Agent at the office of principal and interest payable and paid to such Lender the Agent where the Agent’s Account for Payments is from time to time maintained, accounts and records (the “Accounts”) evidencing the Borrowings and other amounts owing by the Borrower to the Agent and each Lender under this Agreement. (b) . The Administrative Agent shall maintain accounts in which it will record (i) debit therein the amount of such Borrowings, and shall enter therein each Loan made hereunder, payment of principal of and interest on such Borrowings and fees and other amounts payable pursuant to this Agreement and shall record the Type of Bankers’ Acceptances accepted by each Loan made such Lender and the Interest Period applicable thereto, (ii) Letters of Credit issued by each such Lender and all other amounts becoming due to the amount of any principal or interest due Agent 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) under this Agreement. The entries made Accounts constitute, in the accounts maintained pursuant to subsections (a) and (b) absence of this Section 2.10 shallmanifest error, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations indebtedness of the Borrower to repay the Loans Agent and each Lender pursuant to this Agreement, the date each Lender made each Borrowing available to the Borrower and the amounts the Borrower has paid from time to time on account of the principal of and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory noteson the Borrowings, fees payable pursuant to this Agreement and other amounts owing hereunder. In such eventThe Agent shall, from time to time upon the Borrower’s reasonable request, provide to the Borrower shall prepare, execute copies of such accounts and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinrecords.

Appears in 2 contracts

Samples: Credit Agreement (Pengrowth Energy Trust), Credit Agreement (Pengrowth Energy Trust)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.9, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.9, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the The Borrower shall prepare, will execute and deliver to such each Lender one or more promissory notes payable to such a Revolving Credit Note and, in the case of the Swingline Lender (oronly, if requested by such Lendera Swingline Note, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinorder of such Lender.

Appears in 2 contracts

Samples: Revolving Credit Loan Agreement (American Healthways Inc), Revolving Credit Loan Agreement (American Healthways Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time under this Agreementhereunder. (b) The Administrative Agent shall will also maintain accounts in which it will record (i) the amount of each Loan made hereunder, Borrowing and the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Letter of Credit and the amount of L/C Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (aSection 2.13(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay pay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender (including the Swingline Lender) may request that any its Loans made by it be evidenced by one or more a promissory notesnote substantially in the form of Exhibit D (with appropriate changes for notes evidencing Swingline Loans) (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes each applicable Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to supplied by the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after before any assignment pursuant to Section 8.0710.4(b)) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (i) and (ii) of Section 2.13(b).

Appears in 2 contracts

Samples: Credit Agreement (Otter Tail Corp), Credit Agreement (Otter Tail Corp)

Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (div) Any Lender may request that any Each Lender’s Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times be evidenced by a promissory note in the form of Exhibit A hereto (including after assignment pursuant to Section 8.07each a “Note”) be represented by one or more promissory notes in such form payable to the payee named thereinorder of such Lender.

Appears in 2 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the Interest Period applicable type thereof 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 LenderXxxxxx’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms acceptable to Administrative Agent and such Lender (collectively the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by such Lender, to such Lender and or its assignees) and registered assigns in a form reasonably satisfactory to the Administrative Agentamount of the relevant Commitment. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.10) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Revolving Credit Agreement (World Acceptance Corp), Revolving Credit Agreement (World Acceptance Corp)

Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries made maintained in the accounts and records maintained pursuant to subsections paragraphs (ai) and (bii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts and records or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (div) Any Lender may request that any its Ratable Loans made by it or its Competitive Bid Loans be evidenced by one Ratable Notes or more promissory notesCompetitive Bid Notes, respectively. In such event, the Borrower shall prepare, execute and deliver to such Lender one a Ratable Note in the form of Exhibit 2.11-1 or more promissory notes a Competitive Bid Note in the form of Exhibit 2.11-2, as the case may be, payable to such Lender (or, if requested by the order of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced represented by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented evidenced by one or more promissory notes in such form a Note payable to the order of the payee named thereintherein or any assignee pursuant to Section 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in paragraphs (i) and (ii) above.

Appears in 2 contracts

Samples: Credit Agreement (Washington Gas Light Co), Credit Agreement (Washington Gas Light Co)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Type thereof, (iii) the date of each required conversion of any Loan made and the Interest Period applicable theretofrom a Eurodollar Loan to a Base Rate Loan, (iiiv) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiiv) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) made by such Lender to the Borrower in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notesthe terms of this Agreement. In such eventOn the Closing Date, the Borrower shall prepare, will execute and deliver a Subordinated Term Note to each Lender in a principal amount equal to the amount of the Term Loans funded by such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to on the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinClosing Date.

Appears in 2 contracts

Samples: Subordinated Term Loan Agreement, Subordinated Term Loan Agreement (Privatebancorp, Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.09 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (American Electric Power Co Inc), Credit Agreement (American Electric Power Co Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Pacificorp /Or/)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Revolving Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Revolving Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any The Revolving Loans of each Lender may may, at the request that any Loans made by it of a Lender, be evidenced by one or more a promissory notesnote substantially in the form of Exhibit C (each a “Revolving Credit Note”). In Upon receipt of any such eventrequest, the Borrower shall prepare, execute and deliver to such Lender one such a Revolving Credit Note or more promissory notes Revolving Credit Notes payable to the order of such Lender (or, if requested by in such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentform. Thereafter, the Revolving Loans evidenced by such promissory notes Revolving Credit Note or Revolving Credit Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0713.3) be represented by one or more promissory notes in such form Revolving Credit Notes payable to the order of the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Independent Bank Group, Inc.), Credit Agreement

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Term Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Term Loan Commitment of each Lender, (ii) the amount of each Term Loan made hereunderhereunder by each Lender, the Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.4, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.4, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Term Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Term Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Term Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Atlantic Alliance Partnership Corp.), Credit Agreement

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender from time to timeBank, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder. (b) The Administrative Agent Agent, acting for this purpose as an agent of the Borrower, shall maintain accounts in which it will shall record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Banks and each LenderBank’s share thereofthereof (the “Register”). (c) The entries made in the accounts maintained pursuant to subsections paragraph (a) and or (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, 2.5 shall be prima facie evidence of the existence and amounts of the obligations therein recordedrecorded therein; provided, however, 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 obligations obligation of the Borrower to repay the Loans and interest thereon Loan in accordance with their termsthe terms of this Agreement. The Borrower, the Agent and the Banks may treat each person whose name is recorded in the Register pursuant to the terms hereof as a Bank hereunder for all purposes of this Agreement, notwithstanding notice to the contrary. The Register shall be available for inspection by the Borrower or any Bank, at any reasonable time and from time to time upon reasonable prior notice. (d) Any Lender Bank may request that any Loans Loan made by it be evidenced by one or more a promissory notesnote. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes Bank a Note payable to such Lender (or, if requested by such Lender, to such Lender Bank and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinregistered assigns.

Appears in 2 contracts

Samples: Term Loan Agreement (Otter Tail Corp), Term Loan Agreement (Otter Tail Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Revolving Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Revolving Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any The Revolving Loans of each Lender may may, at the request that any Loans made by it of a Lender, be evidenced by one or more a promissory notesnote substantially in the form of Exhibit C (each a “Revolving Credit Note”). In Upon receipt of any such eventrequest, the Borrower shall prepare, execute and deliver to such Lender one such a Revolving Credit Note or more promissory notes Revolving Credit Notes payable to the order of such Lender (or, if requested by in such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentform. Thereafter, the Revolving Loans evidenced by such promissory notes Revolving Credit Note or Revolving Credit Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0713.3) be represented by one or more promissory notes in such form Revolving Credit Notes payable to the order of the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Independent Bank Group, Inc.), Credit Agreement (Independent Bank Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by or its registered assigns in the amount of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent’s Revolving Commitment. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.6) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 9.6, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender it and resulting from each Loan the Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest payable thereon and paid to such Lender it, from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Advances in accordance with their termsthe terms of this Agreement. (db) Any Lender may request that any Loans made by it its Advances to the Borrower be evidenced by one or more promissory notesa Note. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentotherwise appropriately completed. Thereafter, the Loans Advances of such Lender evidenced by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.06(a)) be represented by one or more promissory notes in such form a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), except to the payee named thereinextent 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. (d) Promptly after Payment in Full of all Obligations, each Lender whose Advances were evidenced by a Note shall return such Note to the Borrower for cancellation.

Appears in 2 contracts

Samples: Credit and Security Agreement (Saratoga Investment Corp.), Credit and Security Agreement (Saratoga Investment Corp.)

Evidence of Indebtedness. (a) Each The Loans made by each Lender shall maintain be evidenced by one or more accounts or records maintained by such Lender and evidenced by one or more entries in accordance the Register maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c), as agent for the Borrower, in each case in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Loans made by the Lenders to the Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrower hereunder to pay any amount owing with its usual practice an account or respect to the Obligations. In the event of any conflict between the accounts evidencing and records maintained by any Lender and the indebtedness accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender resulting from each Loan made by such Lender from time to time, including (through the amounts of principal and interest Administrative Agent) a Note payable and paid to such Lender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender from time may attach schedules to time under this Agreementits Note and endorse thereon the date, amount and maturity of its Loans and payments with respect thereto. (b) The [Reserved] (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.10(a), and by each Lender in its account or accounts pursuant to Section 2.10(a), shall maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the Type of each Loan made principal and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, 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 made and, in the accounts maintained pursuant to subsections (a) case of such account or accounts, such Lender, under this Agreement and (b) of this Section 2.10 shallthe other Loan Documents, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recordedabsent manifest error; provided, however, provided that the failure of any Lender or the Administrative Agent or such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligations of the Borrower to repay under this Agreement and the Loans and interest thereon in accordance with their termsother Loan Documents. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 2 contracts

Samples: Unsecured Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Term Loan Credit and Guarantee Agreement (RDA Holding Co.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.07 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Ohio Power Co), Credit Agreement (AEP Texas Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the indebtedness Borrower to such Lender resulting from each Loan made by of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent Agent, solely as a non-fiduciary agent of the Borrower, shall maintain accounts the Register pursuant to Section 12.4(c), and a subaccount therein for each Lender, in which it will record shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The accounts of each Lender and the entries made in the accounts Register maintained pursuant to subsections (aSection 2.5(a) and (b) of this Section 2.10 ), respectively, shall, to the extent permitted by Applicable Lawapplicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligations obligation of the Borrower to repay (with applicable interest) the Loans and interest thereon made to the Borrower by such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request The Borrower agrees that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, will execute and deliver to each Lender upon such Xxxxxx’s request therefor a promissory note of the Borrower evidencing (i) any Revolving Loans of such Lender one or more promissory notes payable substantially in the form of Exhibit B, with appropriate insertions as to date and principal amount and (ii) any Incremental Term Loans of such Lender (or, if requested in such form and substance as may be mutually agreed by such Lender, to such Lender the Borrower and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 2 contracts

Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable 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 made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the form of Exhibit C (referred to herein as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by or its registered assigns in the amount of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent’s Revolving Credit Commitment. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.12) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 13.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (BGC Partners, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided further, that if such accounts are inconsistent with the Register, the Register shall prevail; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one or more a promissory notesnote representing its Revolving Loans substantially in the form of Exhibit D (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more promissory notes in such form Notes payable to the payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (b)(i) and (ii) above.

Appears in 1 contract

Samples: Credit Agreement (Radian Group Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Term Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Commitment of each Lender, (ii) the amount of each Term Loan made hereunderhereunder by each Lender, the Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.4, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.4, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Term Loans, and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Term Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Term Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form Term Note payable to the payee named thereinorder of such Lender.

Appears in 1 contract

Samples: Credit Agreement (United Surgical Partners International Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall maintain accounts in which it will shall record (i) the amount date, amount, Type, interest rate and duration of Interest Period (if applicable) of each Loan Advance made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for the Borrower account of the Lenders and each Lender’s share thereof.. 7552140v7 19897.00013 (c) The entries made in the accounts maintained pursuant to subsections clause (a) and or (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, 2.19 shall be prima facie evidence of the existence and amounts of the obligations therein recordedrecorded therein; provided, however, provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Advances in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more a promissory notesnote (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable a Note in the form of Exhibit E, which shall evidence such Lender’s Advances in addition to such accounts or records. Each Lender may attach schedules to its Note and endorse thereon the date, Type (orif applicable), if requested by such Lender, to such Lender amount and maturity of its assignees) Advances and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinpayments with respect thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cna Financial Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided further, that if such accounts are inconsistent with the Register, the Register shall prevail; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one or more a promissory notesnote representing its Revolving Loans substantially in the form of Exhibit D (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more promissory notes in such form Notes payable to the registered payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (b)(i) and (ii) above.

Appears in 1 contract

Samples: Credit Agreement (Radian Group Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the Interest Period applicable theretotype thereof, (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 made maintained in the accounts maintained pursuant to subsections (aSections 2.12(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recordedrecorded (absent manifest error); provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms of Exhibit D (in the case of its Revolving Loans and referred to herein as a “Revolving Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentamount of the Revolving Credit Commitment. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.9) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.9, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Limbach Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made hereunder and the Interest Period applicable theretotype thereof, (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 made maintained in the accounts maintained pursuant to subsections (aSections 2.8(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms.. ‑46‑ (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms of Exhibit D (in the case of its Term Loan and referred to herein as a “Term Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentamount of the Term Loan. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.9) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.9, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligations of Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable 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 's share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure -------- of the Agent or any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any In addition to the foregoing, each Lender's Commitment for Revolving Loans made by it shall be evidenced by one or more a promissory notesnote (a "Revolving Note") -------------- substantially in the form of Exhibit C hereto. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.---------

Appears in 1 contract

Samples: Credit Agreement (Ohio Casualty Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the indebtedness Borrower to such Lender resulting from each Loan made by of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent Agent, on behalf of the Borrower, shall maintain accounts the Register pursuant to Section 12.4(c), and a subaccount therein for each Lender, in which it will record shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The accounts of each Lender and the entries made in the accounts Register maintained pursuant to subsections (aSection 2.5(a) and (b) of this Section 2.10 , respectively, shall, to the extent permitted by Applicable Lawapplicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligations obligation of the Borrower to repay (with applicable interest) the Loans and interest thereon made to the Borrower by such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request The Borrower agrees that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, they will execute and deliver to each Lender upon such Lender one Lender’s request therefor a promissory note of the Borrower evidencing any Term Loans or more promissory notes payable to such Lender (orRevolving Loans, if requested by as the case may be, of such Lender, substantially in the form of Exhibit B-1 or B-2, respectively, with appropriate insertions as to such Lender date and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinprincipal amount.

Appears in 1 contract

Samples: Credit Agreement (Air Transport Services Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each the Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the amount Commitment of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable theretoLender, (ii) the amount of the Loan made hereunder by each Lender, (iii) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of the Loan and (iiiiv) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loan and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans Loan (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form Term Loan Note payable to the payee named thereinorder of such Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Fidelity National Information Services, Inc.)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts records evidencing the indebtedness of the Company to such Lender Bank resulting from each Loan made by such Lender from time to timeBank, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder, and setting forth the Commitments of the Banks. (b) The Administrative Agent shall maintain accounts records in which it will shall record (i) the amount of each Loan made hereunder, the Type of hereunder and each Loan made and the Interest Period applicable theretotherefor, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for account of the Borrower Banks and each LenderBank’s share thereof. (c) The entries made in the accounts records maintained pursuant to subsections subsection (a) and or (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence and amounts of the obligations therein recordedrecorded therein; provided, however, provided that the failure of any Lender Bank or the Administrative Agent to maintain such accounts records or any error therein shall not in any manner affect the obligations obligation of the Borrower Company to repay the Loans and interest thereon in accordance with their termsthe terms of this Agreement. (d) Any Lender Bank may request that any the Loans made by it of such Bank to the Company be evidenced by one or more promissory notesa single Note, in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type, payable by the Company to the order of such Bank for the account of its Applicable Lending Office. In such event, the Borrower Company shall prepare, execute and deliver to such Lender one or more promissory notes Bank a Note payable to such Lender Bank (or, if requested by such LenderBank, to such Lender Bank and its assignees) and in a form reasonably satisfactory to the Administrative Agentregistered assigns). Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after assignment pursuant to Section 8.079.06) be represented by one or more promissory notes Notes in such form payable to the payee named thereintherein (or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (Lincoln National Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the indebtedness Borrower to such Lender resulting from each Loan made by of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent Agent, solely as a non-fiduciary agent of the Borrower, shall maintain accounts the Register pursuant to Section 12.4(c), and a subaccount therein for each Lender, in which it will record shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The accounts of each Lender and the entries made in the accounts Register maintained pursuant to subsections (aSection 2.5(a) and (b) of this Section 2.10 ), respectively, shall, to the extent permitted by Applicable Lawapplicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligations obligation of the Borrower to repay (with applicable interest) the Loans and interest thereon made to the Borrower by such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request The Borrower agrees that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, will execute and deliver to each Lender upon such Lender one Lender’s request therefor a promissory note of the Borrower evidencing any Term Loans or more promissory notes payable to such Lender (orRevolving Loans, if requested by as the case may be, of such Lender, substantially in the form of Exhibit B-1 or B-2, respectively, with appropriate insertions as to such Lender date and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinprincipal amount.

Appears in 1 contract

Samples: Credit Agreement (Air Transport Services Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (ba) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder hereunder, and (iii) the original stated amount of each Facility Letter of Credit and the amount of Letter of Credit Obligations outstanding at any time, and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (cb) The entries made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, 2.8 shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower Borrowers to repay the Loans and interest thereon Obligations in accordance with their terms. (dc) Any Lender may request through the Administrative Agent that any the Loans made by it such Lender be evidenced by one a promissory note, substantially in the form of Exhibit E-1 or more promissory notesE-2, as applicable (each a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one such Note or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form Notes payable to the payee named thereinorder of such Lender.

Appears in 1 contract

Samples: Credit Agreement (Hc2 Holdings, Inc.)

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Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Commitments of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type thereof and, in the case of each Loan made and SOFR Loan, the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.7, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.7, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each LenderXxxxxx’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Molina Healthcare, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing indebtedness of the indebtedness Borrowers to such Lender resulting from each Loan made by of such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent Agent, on behalf of the Borrowers, shall maintain accounts the Register pursuant to Section 12.4(c), and a subaccount therein for each Lender, in which it will record shall be recorded (i) the amount of each Loan made hereunderhereunder and any Note evidencing such Loan, the Type of thereof and each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) both the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The accounts of each Lender and the entries made in the accounts Register maintained pursuant to subsections (aSections 1.5(a) and (b) of this Section 2.10 ), respectively, shall, to the extent permitted by Applicable Lawapplicable law, be prima facie evidence of the existence and amounts of the obligations of each Borrower therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain the Register or any such accounts account, or any error therein therein, shall not in any manner affect the obligations of the Borrower Borrowers, which shall be joint and several, to repay (with applicable interest) the Loans and interest thereon made to such Borrower by such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may The Borrowers agree that, upon the request that to the Administrative Agent by any Loans made by it be evidenced by one or more promissory notes. In such eventLender, the applicable Borrower shall prepare, will execute and deliver to such Lender one a promissory note of such Borrower evidencing any Term Loans or more promissory notes payable to such Lender (orRevolving Loans, if requested by as the case may be, of such Lender, substantially in the form of Exhibit B-1 or B-2, respectively, with appropriate insertions as to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafterdate, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinprincipal amount.

Appears in 1 contract

Samples: Credit Agreement (Pike Electric CORP)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.06 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assigneesregistered assigns) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereintherein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable 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 Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Bank to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender Bank may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms of Exhibit B (collectively, the “Notes” and individually, as a “Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes Bank a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative AgentBank. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.6) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.6, except to the extent that any such Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms.. 30 AmericasActive:16797229.116797229.4 (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made to each Borrower hereunder, the Agreed Currency and Type of each Loan made and thereof and, if applicable, the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Letter of Credit issued for the account of, and the amount of the LC Exposure with respect to, each Borrower at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections clauses (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the any Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more a promissory notesnote (each a “Promissory Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes a Promissory Note payable to such Lender (or, if requested by such Lender, to such Lender and its assigneesregistered assigns) and in a form reasonably satisfactory to approved by the Administrative AgentAgent and the Company (such approval not to be unreasonably withheld). Thereafter, the Loans evidenced by such promissory notes Promissory Notes and interest thereon shall at all times (including after assignment pursuant to Section 8.0712.1) be represented by one or more promissory notes Promissory Notes in such form payable to the payee named thereintherein (or, if such Promissory Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Long Term Credit Agreement (Bemis Co Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Revolving Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Revolving Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made maintained in the accounts maintained pursuant to subsections (a) paragraphs and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any The Revolving Loans of each Lender may may, at the request that any Loans made by it of a Lender, be evidenced by one or more a promissory notesnote substantially in the form of Exhibit C (each a “Revolving Credit Note”). In Upon receipt of any such eventrequest, the Borrower shall prepare, execute and deliver to such Lender one such a Revolving Credit Note or more promissory notes Revolving Credit Notes payable to the order of such Lender (or, if requested by in such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agentform. Thereafter, the Revolving Loans evidenced by such promissory notes Revolving Credit Note or Revolving Credit Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0713.3) be represented by one or more promissory notes in such form Revolving Credit Notes payable to the order of the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Independent Bank Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of each Borrower to such Lender resulting from each Loan made by Revolving Advance owing to such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder in respect of Revolving Advances. Each Borrower agrees that upon notice by any Lender to such Borrower (with a copy of such notice to the Administrative Agent) to the effect that a Revolving Note is required or appropriate in order for such Lender to evidence (whether for purposes of pledge, enforcement or otherwise) the Revolving Advances owing to, or to be made by, such Lender, such Borrower shall promptly execute and deliver to such Lender a Revolving Note payable to the order of such Lender, in the case of the Company, in a principal amount up to the US Commitment of such Lender and in the case of the Canadian Borrower, in a principal amount up to the Canadian Commitment of such Lender. (b) The Register maintained by the Administrative Agent pursuant to Section 9.02 shall maintain accounts include a control account, and a subsidiary account for each Lender, in which it will record accounts (taken together) shall be recorded (i) the date and amount of each Loan Borrowing made hereunder, the Type of each Loan made and Advances comprising such Borrowing and, if appropriate, the Interest Period applicable thereto, (ii) the terms of each Assignment and Assumption delivered to and accepted by it, (iii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iiiiv) the amount of any sum received by the Administrative Agent from each Borrower hereunder from the Borrower and each Lender’s share thereof. (c) The entries Entries made in good faith by the accounts maintained Administrative Agent in the Register pursuant to subsections subsection (b) above, and by each Lender in its account or accounts pursuant to subsection (a) and (b) of this Section 2.10 shallabove, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence amount of principal and amounts interest due and payable or to become due and payable from the Borrowers to, in the case of the obligations therein recordedRegister, each Lender and, in the case of such account or accounts, such Lender, under this Agreement, absent manifest error; provided, however, that the failure of any Lender or the Administrative Agent or such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their termsBorrowers under this Agreement. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrowers to the Applicable Lending Office of such Lender resulting from each Loan made by such Applicable Lending Office of such Lender from time to time, including the amounts of principal and interest payable and paid to such Applicable Lending Office of such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts the Register pursuant to Section 13.06(h), and a subaccount for each Lender, in which it will record Register and subaccount (taken together) shall be recorded (i) the amount of each Loan made hereunder, the Borrower of each Loan, the Type and Class of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each any Lender’s 's share thereof. (c) The entries made in the Register and accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 2.09 shall, to the extent permitted by Applicable Lawapplicable law, be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the -------- ------- failure of any Lender or the Administrative Agent to maintain such accounts account, such Register or such subaccount, as applicable, or any error therein therein, shall not in any manner affect the obligations obligation of the each Borrower to repay (with applicable interest) the Loans and interest thereon made to such Borrower by such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Providian Financial Corp)

Evidence of Indebtedness. (a) Each The Loans made by each Lender shall maintain be evidenced by one or more accounts or records maintained by such Lender and evidenced by one or more entries in the Register maintained by the Administrative Agent in accordance with its usual practice an account Section 9.07(c), acting as a non-fiduciary agent solely for purposes of Treasury Regulation Section 5f.103-1(c), as agent for the Borrower, in each case in the ordinary course of business. The accounts or records maintained by each Lender shall be prima facie evidence absent manifest error of the amount of the Loans made by the Lenders to the Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrower hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts evidencing and records maintained by any Lender and the indebtedness Register in respect of such matters, the Register shall control in the absence of manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender resulting from each Loan made by such Lender from time to time, including (through the amounts of principal and interest Administrative Agent) a Note payable and paid to such Lender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender from time may attach schedules to time under this Agreementits Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (b) The Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.09(a), and by each Lender in its account or accounts pursuant to Section 2.09(a), shall maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the Type of each Loan made principal and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, 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 made and, in the accounts maintained pursuant to subsections (a) case of such account or accounts, such Lender, under this Agreement and (b) of this Section 2.10 shallthe other Loan Documents, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recordedabsent manifest error; provided, however, provided that the failure of any Lender or the Administrative Agent or such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligations of the Borrower to repay under this Agreement and the Loans and interest thereon in accordance with their termsother Loan Documents. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.06 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assigneesregistered assigns) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereintherein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 Absent manifest error, the entries made maintained in the accounts maintained pursuant to subsections clauses (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one a promissory note representing its Revolving Loans substantially in the form of Exhibit D (each a "Revolving Note" or more promissory notes“Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to supplied by the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) of this Section 2.10.

Appears in 1 contract

Samples: Credit Agreement (Cobiz Financial Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type of each Loan made and thereof, the Interest Period and interest rate applicable theretothereto and the Currency in which such Loan is denominated, (iiiii) the date of each continuation thereof pursuant to Section 2.7, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.7, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share 's Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.terms of this Agreement

Appears in 1 contract

Samples: Revolving Credit Agreement (JLG Industries Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such KPSC Case No. 2011-00401 Attorney General's Initial Data Requests Dated January 13, 2012 Item No. 34 30 Attachment 2 Page 34 of 116 Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 1 contract

Samples: Credit Agreement

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including times(including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to timeLender, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Commitment of each Lender, (ii) the amount of each Loan made hereunder, the hereunder by each Lender and Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.2, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.2, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (da) Any At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form Note payable to the payee named therein.order of such Lender. EAST\126926138.18 35

Appears in 1 contract

Samples: Credit Agreement (OHA Investment Corp)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender Bank resulting from the Reimbursement Obligations and each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Reimbursement Obligation and each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to the Letter of Credit Bank and each Lender Bank hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s Bank's share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of the Agent or any Lender or the Administrative Agent Bank to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower Company to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender Bank may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the form of Exhibit A hereto with blanks appropriately completed (each, a "Note"). In such event, the Borrower Company shall prepare, execute and deliver to such Lender one Bank a Note or more promissory notes Notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative AgentBank. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.6) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.6, except to the extent that any such Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Delta Air Lines Inc /De/)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder 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 made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.06 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assigneesregistered assigns) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereintherein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan Advance made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from or on behalf of the Borrower and each Lender’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 2.05 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans Advances and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans Advances made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.079.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Term Credit Agreement (AEP Transmission Company, LLC)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan made thereof and the Interest Period applicable (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 Company to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Company and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower Company to repay the Loans and interest thereon such obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it its Advances be evidenced by one or more promissory notesa Note. In such event, the Borrower Company shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by the order of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.05) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 9.05, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Aquila Inc)

Evidence of Indebtedness. (a) Each Lender The Administrative Agent, acting for this purpose (but only for this purpose) as agent of the Co-Issuers, shall maintain at its address referred to in accordance with its usual practice an account or accounts evidencing Section 8.02 a register for the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including recordation of the amounts names and addresses of principal and interest payable and paid to such Lender the Holders from time to time under this Agreement. (b) the “Register”). The Administrative Agent Register shall maintain accounts in which it will record record, with respect to each Holder, (i) the aggregate principal amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable theretoNotes held from time to time by such Holder, (ii) the amount of any principal principal, premium or interest due and payable or to become due and payable from the Borrower Co-Issuers to each Lender such Holder hereunder and (iii) such Holder’s share of the amount of any sum received by the Administrative Agent hereunder from the Borrower Co-Issuers hereunder. The Register shall be available for inspection by the Note Parties or any Agent or any Holder at any reasonable time and each Lender’s share thereoffrom time to time upon reasonable prior notice. (cb) The entries of the names and addresses of the Holders in the Register shall be conclusive and binding for all purposes, absent manifest error, and the Note Parties, the Agents and the Holders may treat each Person whose name is recorded in the Register as a Holder hereunder for all purposes of this Agreement. Entries made in good faith by the accounts maintained Administrative Agent in the Register pursuant to subsections the second sentence of subsection (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence amount of principal, Applicable Premium (if any) and amounts of interest due and payable or to become due and payable from the obligations therein recordedCo-Issuers to each Holder; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register shall not in any manner limit or otherwise affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their termsCo-Issuers under this Agreement. (dc) Any Lender Holder may request that any Loans made by it the Co-Issuer Obligations shall be evidenced by one or more a promissory notesnote. In such event, the Borrower Co-Issuers shall prepare, execute and physically deliver to each such Lender one or more Holder a promissory notes note payable to such Lender (or, if requested by such Lender, to such Lender Holder and its assignees) and registered assigns substantially in a the form reasonably satisfactory to the Administrative Agentof Exhibit A hereto. Thereafter, the Loans Note evidenced by such promissory notes note and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereintherein and its registered assigns.

Appears in 1 contract

Samples: Second Lien Senior Secured Note Agreement (Triple Crown Media, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (aSections 2.12(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower Borrowers to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it its Loan be evidenced by one a promissory note or more promissory notesnotes in the form of Exhibit C (referred to herein as a “Note” or the “Notes”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and in the amount of its assignees) and in a form reasonably satisfactory to the Administrative AgentLoan. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0711.11) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 11.11, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Turning Point Brands, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type of each Loan made and thereof, the Interest Period and interest rate applicable theretothereto and the Currency in which such Loan is denominated, (iiiii) the date of each continuation thereof pursuant to Section 2.7, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.7, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations Obligations of the Borrower therein recorded; provided, however, provided that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.terms of this Agreement

Appears in 1 contract

Samples: Revolving Credit Agreement (JLG Industries Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Term Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment and the Term Loan Commitment of each Lender, (ii) the amount of each Term Loan made hereunderhereunder by each Lender, the Class and Type thereof and, in the case of each Loan made and Eurodollar Loan, the Interest Period applicable thereto, (iiiii) the date of any continuation of any Eurodollar Loan pursuant to Section 2.92.13, (iv) the date of any conversion of all or a portion of any Type of Loan to another Type pursuant to Section 2.92.13, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of the Term Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Term Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, provided that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Term Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Term Loan Agreement (Root, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.8, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.8, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers in respect of the Loans and each Lender’s share Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrowers therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower Borrowers to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (db) Any At the request of any Lender may request that (including the Swingline Lender) at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, Borrowers agree that they will execute and deliver to such Lender one or more promissory notes payable to such a Revolving Credit Note and, in the case of the Swingline Lender (oronly, if requested by such Lendera Swingline Note, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinorder of such Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Delek US Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment and the Term Loan Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.8, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.8, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share 's Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their termsthe terms of this Agreement. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Ruby Tuesday Inc)

Evidence of Indebtedness. (a) Each The Borrowings made by each Lender shall maintain in accordance with its usual practice an account be evidenced by one or more accounts evidencing the indebtedness to such Lender resulting from each Loan made or records maintained by such Lender from time and evidenced by one or more entries in the Register maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c), as agent for the Borrower, in each case in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Loans made by the Lenders to timethe Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, including however, limit or otherwise affect the amounts obligation of principal the Borrower hereunder to pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and interest payable records maintained by any Lender and paid to the Register and the corresponding accounts and records of the Administrative Agent in respect of such Lender from time to time under this Agreementmatters, the Register and the corresponding accounts and records of the Administrative Agent shall control in the absence of manifest error. (b) The Any Lender may request that its Loans of any Class to the Borrower be evidenced by a Note of such Class in the form attached hereto as Exhibit B-1 or B-2, as applicable. In such event, the Borrower shall promptly prepare, execute and deliver to such Lender a Note of such Class payable to such Lender and its registered assigns and otherwise appropriately completed. Thereafter, the Loans of such Class of such Lender evidenced by such Note of such Class and interest thereon shall at all times (including after any assignment pursuant to Section 11.07) be represented by one or more Notes of such Class payable to such Lender and its registered assigns, except to the extent that such Lender (or registered assignee) subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clause (a) of this Section 2.09. At the time of any payment or prepayment in full of the Loans evidenced by any Note, such Note shall be surrendered to the Borrower promptly (but no more than 10 Business Days) following such payment or prepayment in full. Any such Note shall be cancelled and shall not be reissued, and no Note shall be issued in lieu of any prepaid principal amount of any Note. (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.09(a), and by each Lender in its account or accounts pursuant to Section 2.09(a), shall maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the Type of each Loan made principal and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, 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 made and, in the accounts maintained pursuant to subsections (a) case of such account or accounts, such Lender, under this Agreement and (b) of this Section 2.10 shallthe other Loan Documents, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recordedabsent manifest error; provided, however, provided that the failure of any Lender or the Administrative Agent or such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligations of the Borrower to repay under this Agreement and the Loans and interest thereon in accordance with their termsother Loan Documents. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (CBRE Acquisition Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type of each Loan made thereof and the Interest Period applicable (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, 2.15 shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon such obligations in accordance with their terms. (d) Any Lender may request that any Loans made by it its Advances be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory acceptable to the Borrower and the Administrative Agent. Thereafter, the Loans Advances evidenced by such promissory notes note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form from the Borrower, payable to the payee named thereintherein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such notes for cancellation and requests that such Borrowings once again be evidenced as in subsections (a) and (b) of this Section 2.15.

Appears in 1 contract

Samples: Credit Agreement (Entergy Mississippi, LLC)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type type of each Loan made and and, if applicable, the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder hereunder, (iii) the original Stated Amount of each Letter of Credit and the amount of L/C Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower Borrowers to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one or more a promissory notesnote substantially in the forms of Exhibit A-1, in the case of the Revolving Loans constituting US Obligations and Exhibit A-2 in the case of the Revolving Loans to the Non-US Borrower. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes the Notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0715.6) be represented by one or more promissory notes in such form Notes payable to the such payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Landauer Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Type of each Loan made thereof and the Interest Period applicable thereto, (iiiii) the date of each continuation thereof pursuant to Section 2.5, (iv) the date of each conversion of all or a portion thereof to another Type pursuant to Section 2.5, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of such Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each Lender’s share 's Pro Rata Share thereof. (c) . The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, such records shall be prima facie evidence of the existence and amounts of the obligations of the Borrower therein recorded; provided, however, that the failure or delay of any Lender or the Administrative Agent to maintain in maintaining or making entries into any such accounts record or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans (both principal and interest thereon unpaid accrued interest) of such Lender in accordance with their terms. (d) Any the terms of this Agreement. At the request of any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall prepare, agrees that it will execute and deliver to such Lender one or more promissory notes payable to such Lender (ora Note, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named thereinorder of such Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaneb Pipe Line Partners L P)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made thereof and the Interest Period applicable 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 Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Bank to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender Bank may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the forms of Exhibit B (collectively, the “Notes” and individually, as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes Bank a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative AgentBank. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.6) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 10.6, except to the extent that any such Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time under this Agreement. (b) . The Administrative Agent shall maintain accounts appropriate records in which it will record shall be recorded (i) the Revolving Commitment and the Term Loan Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the Class and Type thereof and, in the case of each Loan made and EurodollarSOFR Loan, the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount date of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made in the accounts maintained continuation of any Loan pursuant to subsections Section 2.7, (aiv) and the date of any conversion of all or a portion of any Loan to another Type pursuant to (b) of this Section 2.10 shall, to This Agreement evidences the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon in accordance with their terms. is being executed as a “noteless” credit agreement. However, at the request of any Lender (dincluding the Swingline Lender) Any Lender may request that at any Loans made by it be evidenced by one or more promissory notes. In such eventtime, the Borrower shall agrees that it will prepare, execute and deliver to such Lender one or more a promissory notes note payable to such Lender (or, if requested by such Lender, to such Lender and its assigneesregistered assigns) and in a form reasonably satisfactory to approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes note and interest thereon shall at all times (including after assignment pursuant to Section 8.07permitted hereunder) be represented by one or more promissory notes in such form payable to the payee named thereintherein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Ensign Group, Inc)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts records evidencing the indebtedness of the Company to such Lender Bank resulting from each Loan made by such Lender from time to timeBank, including the amounts of principal and interest payable and paid to such Lender Bank from time to time under this Agreementhereunder, and setting forth the Commitments of the Banks. (b) The Administrative Agent shall maintain accounts records in which it will shall record (i) the amount of each Loan made hereunder, the Type of hereunder and each Loan made and the Interest Period applicable theretotherefor, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Company to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from for account of the Borrower Banks and each Lender’s Bank's share thereof. (c) The entries made in the accounts records maintained pursuant to subsections subsection (a) and or (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence and amounts of the obligations therein recordedrecorded therein; provided, however, provided that the failure of any Lender Bank or the Administrative Agent to maintain such accounts records or any error therein shall not in any manner affect the obligations obligation of the Borrower Company to repay the Loans and interest thereon in accordance with their termsthe terms of this Agreement. (d) Any Lender Bank may request that any the Loans made by it of such Bank to the Company be evidenced by one or more promissory notesa single Note, in substantially the form of Exhibit A hereto with appropriate modifications to reflect the fact that it evidences solely Loans of the relevant Type, payable by the Company to the order of such Bank for the account of its Applicable Lending Office. In such event, the Borrower Company shall prepare, execute and deliver to such Lender one or more promissory notes Bank a Note payable to such Lender Bank (or, if requested by such LenderBank, to such Lender Bank and its assignees) and in a form reasonably satisfactory to the Administrative Agentregistered assigns). Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after assignment pursuant to Section 8.079.06) be represented by one or more promissory notes Notes in such form payable to the payee named thereintherein (or, if such Note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit Agreement (Lincoln National Corp)

Evidence of Indebtedness. (a) The Credit Extensions made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and evidenced by one or more entries in the Register maintained by the Administrative Agent, acting as a non-fiduciary agent solely for purposes of Treasury Regulation Section 5f.103-1(c), as agent for the Borrowers, in each case in the ordinary course of business. The accounts or records maintained by each Lender and the Register maintained by the Administrative Agent shall be prima facie evidence absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrowers and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register in respect of such matters, the Register shall control in the absence of manifest error. Upon the request of any Lender made through the Administrative Agent, each Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. Each Borrower and each Lender agrees from time to time after the occurrence and during the continuance of an Event of Default under Section 8.01(f) or Section 8.01(g)(i) to execute and deliver to the Administrative Agent all such Notes or other promissory notes and other instruments and documents as the Administrative Agent shall reasonably request to evidence and confirm the respective interests and obligations of the Lenders after giving effect to any exchange of Lenders’ interests pursuant to arrangements relating thereto among the Lenders, and each Lender agrees to surrender any Notes or other promissory notes originally received by it in connection with its Loans hereunder to the Administrative Agent against delivery of any Notes or other promissory notes so executed and delivered. (b) In addition to the accounts and records referred to in Section 2.11(a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice an accounts or records and, in the case of the Administrative Agent, entries in the Register, evidencing the purchases and sales by such Lender of participations in Letters of Credit and Swing Line Loans. In the event of any conflict between the Register and the accounts and records of any Lender in respect of such matters, the Register shall control in the absence of manifest error. (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.11(a) and Section 2.11(b), and by each Lender in its account or accounts evidencing pursuant to Section 2.11(a) and Section 2.11(b), shall be prima facie evidence of the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts amount of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to Borrowers to, in the case of the Register, 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 made and, in the accounts maintained pursuant to subsections (a) case of such account or accounts, such Lender, under this Agreement and (b) of this Section 2.10 shallthe other Loan Documents, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recordedabsent manifest error; provided, however, provided that the failure of any Lender or the Administrative Agent or such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligations of the Borrower to repay Borrowers under this Agreement and the Loans and interest thereon in accordance with their termsother Loan Documents. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the payee named therein.

Appears in 1 contract

Samples: Credit Agreement (Campbell Alliance Group Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (bi) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type of each Loan made type thereof and the Interest Period applicable 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.. 735490334 (cii) The entries made maintained in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (diii) Any Lender may request that any its Loans made by it be evidenced by one a promissory note or more promissory notesnotes in the form of Exhibit C (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by such Lender, to such Lender and or its assignees) and registered assigns in a form reasonably satisfactory to the Administrative Agentamount of the relevant Commitment. Thereafter, the Loans evidenced by such promissory notes Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.12) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 13.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (StoneX Group Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Debt of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall will also maintain accounts in which it will record (i) the amount of each Loan made hereunder, Borrowing and the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (aSection 2.13(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay pay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one or more a promissory notesnote substantially in the form of Exhibit E (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes each applicable Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to supplied by the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after before any assignment pursuant to Section 8.0710.4(b)) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (i) and (ii) of Section 2.13(b).

Appears in 1 contract

Samples: Credit Agreement (Alliant Energy Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of Borrower to such Lender resulting from each Loan made by such Lender to Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan to Borrower made hereunder, the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections clauses (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of the Agent or any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it to Borrower be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to such Lender (or, if requested by the order of such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more promissory notes in such form Notes payable to the order of the payee named thereintherein or any assignee pursuant to Section 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Pepco Holdings Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Debt of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreementhereunder. (b) The Administrative Agent shall will also maintain accounts in which it will record (i) the amount of each Loan made hereunder, Borrowing and the Type of each Loan made thereof and the Interest Period applicable with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries made maintained in the accounts maintained pursuant to subsections (aSection 2.13(a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of any Lender or the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligations obligation of the Borrower to repay pay the Loans and interest thereon Obligations in accordance with their terms. (d) Any Lender may request that any its Loans made by it be evidenced by one or more a promissory notesnote substantially in the form of Exhibit E (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes each applicable Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to supplied by the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes Note and interest thereon shall at all times (including after before any assignment pursuant to Section 8.0710.4(b)) be represented by one or more promissory notes in such form Notes payable to the order of the payee named therein, except to the extent that any such Lender subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (i) and (ii) of Section 2.13(b).

Appears in 1 contract

Samples: Credit Agreement (Alliant Energy Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. (b) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class and Type of each Loan made and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries made in the accounts maintained pursuant to subsections (a) and (b) of this Section 2.10 shall, to the extent permitted by Applicable Law, be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans and interest thereon in accordance with their terms. (d) Any Lender may request that any Loans made by it be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender (or, if requested by such Lender, to such Lender and its assignees) and in a form reasonably satisfactory to the Administrative Agent. Thereafter, the Loans evidenced by such promissory notes and interest thereon shall at all times (including after assignment pursuant to Section 8.07) be represented by one or more promissory notes in such form payable to the order of the payee named therein.

Appears in 1 contract

Samples: Credit Agreement

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