Common use of Evidence of Indebtedness Clause in Contracts

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 by one or more entries in the Register. 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 Credit Extensions 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 and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 10 contracts

Samples: Credit Agreement (KORE Group Holdings, Inc.), Credit Agreement (Travel & Leisure Co.), Credit Agreement (King Pubco, Inc.)

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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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (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 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 8 contracts

Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (Activision Blizzard, Inc.), Credit Agreement (CBS 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 by one or more entries in the Register. 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 Credit Extensions 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 Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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 CreditCredit 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 be conclusive in the absence of demonstrable error.

Appears in 7 contracts

Samples: Credit Agreement (Restaurant Brands International Inc.), Credit Agreement (Restaurant Brands International Limited Partnership), Credit Agreement (Restaurant Brands International Inc.)

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 by one or more entries in the Register. 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 Credit Extensions 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 and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such LenderXxxxxx’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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 7 contracts

Samples: Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (KORE Group Holdings, Inc.)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (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 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 5 contracts

Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (Communications Sales & Leasing, Inc.)

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 RegisterRegister 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 Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsLender, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 5 contracts

Samples: Revolving Credit Agreement (IASIS Healthcare LLC), Credit Agreement (Freescale Semiconductor Inc), Credit Agreement (S.D. Shepherd Systems, Inc.)

Evidence of Indebtedness. (a) The Extensions of Credit Extensions made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest demonstrable error of the amount of the Extensions of Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Term Loan Note payable to such Lender or its registered assigns, which shall evidence such Lender’s Term Loans in addition to such accounts or records. Each Lender may attach schedules to its Term Loan Note and endorse thereon the date, Type (if applicable), amount and maturity of its Term Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest demonstrable error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (b) In addition to the accounts and records referred to in Section 2.11(a2.10(a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error.

Appears in 4 contracts

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

Evidence of Indebtedness. (a) The Extensions of Credit Extensions made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Extensions of Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsTerm Loan Note, which shall evidence such Lender’s Loans Term Loans, in addition to such accounts or records. Each Lender may attach schedules to its Term Loan Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 4 contracts

Samples: Term Loan Agreement (Owens Corning), 364 Day Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning)

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 by one or more entries in the Register. 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 Credit Extensions 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 Secured Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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 CreditCredit 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 be conclusive in the absence of demonstrable error.

Appears in 3 contracts

Samples: Refinancing and Incremental Facility Amendment (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)

Evidence of Indebtedness. (a) The Credit Extensions Term Loans made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary 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 Credit Extensions Term Loans made by the Lenders to the Borrower and the interest and payments thereon. The Administrative Agent will make reasonable efforts to maintain the accuracy of the accounts and records referred to in this subsection and to promptly update such records and accounts from time to time, as necessary. 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Term Loan Note payable to such Lender or its registered assigns, which shall evidence such Lender’s Loans Term Loans, in addition to such accounts or records. Each Lender may attach schedules to its Term Loan Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 3 contracts

Samples: Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP)

Evidence of Indebtedness. (a) The Credit Extensions Loans made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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 type (if applicable), amount and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 3 contracts

Samples: Amendment Agreement (Cliffs Natural Resources Inc.), Term Loan Agreement (Cliffs Natural Resources Inc.), Bridge Credit Agreement (Cliffs Natural Resources Inc.)

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 by one or more entries in the Register. 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 Credit Extensions 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 Secured Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the applicable Administrative Agent, the Borrower shall execute and deliver to such Lender (through the applicable Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (b) In addition to the accounts and records referred to in Section 2.11(a), each Lender and the Administrative Agent Agents shall maintain in accordance with its usual practice accounts or records and, in the case of the Revolving Facility Administrative Agent, entries in the Register, evidencing the purchases and sales by such Lender of participations in Letters of CreditCredit to the extent required under Section 2.13. 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 be conclusive in the absence of demonstrable error.

Appears in 3 contracts

Samples: Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 any Borrower hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such Lender’s Loans to such Borrower in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type type (if applicable), amount and maturity of its such Loans and payments with respect thereto. (b) In addition to the accounts and records referred to in Section 2.11(a2.12(a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 3 contracts

Samples: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.)

Evidence of Indebtedness. (a) The Credit Extensions and Term Loans 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 RegisterRegister 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 Credit Extensions and Term 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsLender, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (West Corp), Credit Agreement (West Corp)

Evidence of Indebtedness. (a) The Credit Extensions Advances made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries in the RegisterAdministrative Agent. The accounts or records maintained by the Administrative Agent and each Lender the Lenders shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions Advances made by the such Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender to the Borrowers made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such Lender’s Loans Advances to the Borrowers in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type (if applicable), amount amount, currency and maturity of its Loans Advances and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (Rowan Companies PLC), Credit Agreement (Rowan Companies PLC)

Evidence of Indebtedness. (a) The Credit Extensions Advances made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries in the RegisterAdministrative Agent. The accounts or records maintained by the Administrative Agent and each Lender the Lenders shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions Advances made by the such 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender to the Borrower made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such Lender’s Loans 's Advances to the Borrower in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type (if applicable), amount amount, currency and maturity of its Loans Advances and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (Rowan Companies Inc), Credit Agreement (Rowan Companies Inc)

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 Xxxxxx and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender Xxxxxx made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such LenderXxxxxx’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. (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 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 2 contracts

Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Advances made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries in the RegisterAdministrative Agent. The accounts or records maintained by the Administrative Agent and each Lender the Lenders shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions Advances made by the such 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender to the Borrower made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such Lender’s Loans Advances to the Borrower in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type (if applicable), amount amount, currency and maturity of its Loans Advances and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (Rowan Companies PLC), Credit Agreement (Rowan Companies PLC)

Evidence of Indebtedness. (a) The Credit Extensions Each Loan made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business, including the Register for the recordation of the Loans maintained by the Administrative Agent in accordance with the provisions of Section 11.03(c) (Assignments). The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive evidence, absent manifest error error, of the amount of the Credit Extensions 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 and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. In the event of any conflict between the Register and the accounts and records of any Lender the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control, absent manifest error. (b) The Borrower agrees that in addition to the Register and any other accounts and records maintained pursuant to Section 2.03(a), the Loans made by each Lender may, if requested by the Lenders, be evidenced by a Note or Notes duly executed on behalf of the Borrower. The Notes shall be conclusive dated as of the Closing Date (or, if later, the date of any request therefor by a Lender). Each such Note shall be payable to the order of such Lender in the absence of demonstrable error.a principal amount equal to such Lender’s

Appears in 2 contracts

Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Each Loan made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business, including the Register for the recordation of the Loans maintained by the Administrative Agent in accordance with the provisions of Section 11.03(c) (Assignments). The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive evidence, absent manifest error error, of the amount of the Credit Extensions Loans made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control, absent manifest error. (b) The Borrowers agree that in addition to the Register and any other accounts and records maintained pursuant to Section 2.04(a), the Loans made by each Lender may, if requested by the Lenders, be evidenced by a Note or Notes duly executed on behalf of the Borrowers. The Notes shall be conclusive in dated the absence of demonstrable error. Upon Closing Date (or, if later, the request date of any Lender made through request therefor by a Lender). Each such Note shall be payable to the Administrative Agent, the Borrower shall execute and deliver to order of such Lender (through the Administrative Agent) in a Note payable principal amount equal to such Lender or its registered assigns, which shall evidence such Lender’s Loans in addition to such accounts or recordsCommitment. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans Loan and payments with respect thereto. (bc) In addition to the accounts and records referred to in Section 2.11(aevent that any amount hereunder or under any Note is not paid by the Borrowers when due (whether at the stated maturity, by acceleration or otherwise), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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. In the event of any conflict between the Register and the accounts and records of any Lender may take all such actions as it sees fit to recover such amount, including the commencement and maintenance of proceedings in respect of such matters, the Register shall be conclusive in the absence of demonstrable errorits Note.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Renewable Energy Group, Inc.), Revolving Credit Agreement (Renewable Energy Group, Inc.)

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 by one or more entries in the Register. 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 Credit Extensions made by the Lenders to the Borrower applicable Borrower(s) 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 Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower applicable Borrower(s) shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Credit Agreement (W R Grace & Co)

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 Xxxxxx and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 any Borrower hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender Xxxxxx made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such LenderXxxxxx’s Loans to such Borrower in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type type (if applicable), amount and maturity of its such Loans and payments with respect thereto. (b) In addition to the accounts and records referred to in Section 2.11(a2.12(a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 2 contracts

Samples: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.)

Evidence of Indebtedness. (a) The Credit Extensions Borrowings made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender Xxxxxx made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such LenderXxxxxx’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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (Audacy, Inc.), Senior Secured Superpriority Debtor in Possession Credit Agreement (Audacy, Inc.)

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 RegisterRegister 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 Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note or Notes payable to such Lender or its registered assignsLender, which shall evidence such Lender’s Loans of the applicable Class or Classes 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Revolving Facility Refinancing Amendment (Sabre Corp), Credit Agreement (Sabre 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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such Lender’s Loans to the Borrower in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type type (if applicable), amount and maturity of its such Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Three Year Credit Agreement (LyondellBasell Industries N.V.), 364 Day Credit Agreement (LyondellBasell Industries N.V.)

Evidence of Indebtedness. (a) The Credit Extensions Loans made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender the Lenders shall be prima facie evidence absent manifest error of the amount of the Credit Extensions 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 obligations of the Borrower hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. In the event of any conflict between the Register and the accounts and records of any Lender the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent (as set forth in the Register) shall be conclusive control in the absence of demonstrable manifest error. (b) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender and its registered assigns and in a form reasonably approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 10.06) be represented by one or more promissory notes in such form payable to the order of the payee named therein and its registered assigns.

Appears in 2 contracts

Samples: Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (b) In addition to the accounts and records referred to in Section 2.11(a), each Revolving Credit Lender and the Revolver Administrative Agent shall maintain in accordance with its usual practice 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Revolver Administrative Agent and the accounts and records of any Revolving Credit Lender in respect of such matters, the Register accounts and records of the Revolver Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, Inc.)

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 RegisterRegister maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c), as non-fiduciary 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 Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsLender, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 2 contracts

Samples: Credit Agreement (Delta Tucker Holdings, Inc.), Credit Agreement (Delta Tucker Holdings, Inc.)

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 by one or more entries in the Register. 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 Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the applicable Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. 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 be conclusive in the absence of demonstrable manifest error. (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Sections 2.11(a) and (b), and by each Lender in its account or accounts pursuant to Sections 2.11(a) and (b), shall be prima facie evidence of the amount of principal and interest due and payable or to become due and payable from the applicable Borrower to, in the case of the Register, each Lender and, in the case of such account or accounts, such Lender, under this Agreement and the other Loan Documents, absent manifest error; provided, the failure of the Administrative Agent or such Lender to make an entry, or any finding that an entry is incorrect, in the Register or such account or accounts shall not limit or otherwise affect the obligations of the Borrowers under this Agreement and the other Loan Documents.

Appears in 1 contract

Samples: First Lien Credit Agreement (ONESPAWORLD HOLDINGS LTD)

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 RegisterRegister maintained by the Administrative Agent in accordance with Section 10.07, acting solely for purposes of Treasury Regulation Section 5f.103-1(c), as non-fiduciary agent for the Borrowers, 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 Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon Promptly following the reasonable request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender a Note payable to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns), 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Redwire 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 RegisterRegister 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 Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Term Note payable to such Lender or its registered assignsLender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender may attach schedules to its Term Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Headwaters Inc)

Evidence of Indebtedness. (a) The Credit Extensions Loans made by each the Lender shall be evidenced by one or more accounts or records maintained by such the Lender and by one or more entries in the Registerordinary 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 Credit Extensions Loans made by the Lenders Lender 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 and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative AgentLender, the Borrower shall execute and deliver to such the Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsthe Lender, which shall evidence such the Lender’s Loans in addition to such accounts or records. Each The Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable)amount, amount currency and maturity of its Loans and payments with respect thereto. (b) In addition [reserved]. (c) Entries made in good faith by the Lender in its account or accounts pursuant to Section 2.11(a) shall be prima facie evidence of the amount of principal and interest due and payable or to become due and payable from the Borrower to the accounts and records referred to in Section 2.11(a)Lender, each Lender under this Agreement and the Administrative Agent shall maintain in accordance with its usual practice accounts or records andother Loan Documents, in absent manifest error; provided that the case failure of the Administrative AgentLender to make an entry, entries or any finding that an entry is incorrect in such account or accounts shall not limit or otherwise affect the Register, evidencing obligations of the purchases and sales by such Lender of participations in Letters of Credit. In the event of any conflict between the Register Borrower under this Agreement and the accounts and records of any Lender in respect of such matters, the Register shall be conclusive in the absence of demonstrable errorother Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

Evidence of Indebtedness. (ai) The Credit Extensions made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries in the Register. 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 Credit Extensions 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 and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such LenderXxxxxx’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. (bii) 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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Travel & Leisure Co.)

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 by one or more entries in the Register. 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 Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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 CreditCredit 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Primo Water Corp /CN/)

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 by one or more entries in the Register. 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 Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Abl Credit Agreement (Clear Channel Outdoor Holdings, Inc.)

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 by one or more entries in the Register. 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 Credit Extensions 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 and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, 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. (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 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. 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 be conclusive in the absence of demonstrable error.in

Appears in 1 contract

Samples: Credit Agreement (Wyndham Destinations, Inc.)

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 RegisterRegister maintained by the Administrative Agent, acting 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 the Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsLender, 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 amount, currency and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Acelity L.P. Inc.)

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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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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 type (if applicable), amount and maturity of its Loans and payments with respect thereto. (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 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Cleveland Cliffs Inc)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (b) In addition to the accounts and records referred to in Section 2.11(asubsection (a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 1 contract

Samples: Credit Agreement (Tower Group, Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Each Loan made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business, including the Register for the recordation of the Loans maintained by the Administrative Agent in accordance with the provisions of Section 11.03(c) (Assignments). The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive evidence, absent manifest error error, of the amount of the Credit Extensions Loans made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon . (b) The Borrowers agree that in addition to the request Register, the Loans made by each Lender shall be evidenced, in each case when requested by a Lender, by a Note or Notes duly executed on behalf of each Borrower, dated the Closing Date (or, if later, the date of any Lender made through such request) payable to the Administrative Agent, the Borrower shall execute and deliver to order of such Lender (through the Administrative Agent) in a Note payable principal amount equal to such Lender or its registered assigns, which shall evidence such Lender’s Loans in addition to such accounts Revolving Loan Commitment or recordsRoll Up Loan Commitment, as applicable. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans Loan and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Pacific Ethanol, Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Term Loans made by each Lender shall will be evidenced by one or more accounts or records maintained by such Lender in the ordinary course of business and by one or more entries the Administrative Agent in the Registeraccordance with this Agreement. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence are conclusive absent manifest error of the amount of the Credit Extensions Term 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 do 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register shall be conclusive accounts and records of the Administrative Agent control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Term Loan Note payable to such Lender or its registered assigns, which shall will evidence such Lender’s Term Loans in addition to such accounts or records. Each Lender may attach schedules to its Term Loan Note and endorse thereon the date, Type (if applicable), amount and maturity of its Term Loans and payments with respect thereto. (b) In addition to the accounts . If any Term Loan Notes are executed and records referred to in Section 2.11(a)delivered hereunder, each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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. In the event of any conflict between the Register and the accounts and records of any Lender in respect surrender of such mattersTerm Loan Notes is not required in connection with any payments on the Term Loans, the Register shall be conclusive in the absence of demonstrable errorincluding any final payment.

Appears in 1 contract

Samples: Term Loan Agreement (Petroquest Energy Inc)

Evidence of Indebtedness. (a) The Credit Extensions Term Loans made by each Lender shall will be evidenced by one or more accounts or records maintained by such Lender in the ordinary course of business and by one or more entries the Administrative Agent in the Registeraccordance with this Agreement. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence are conclusive absent manifest error of the amount of the Credit Extensions Term 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 do 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register shall be conclusive accounts and records of the Administrative Agent control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Term Loan Note payable to such Lender or its registered assigns, which shall will evidence such Lender’s Term Loans in addition to such accounts or records. Each Lender may attach schedules to its Term Loan Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans Term Loan and payments with respect thereto. (b) In addition to . If any Term Loan Notes are executed and delivered hereunder, surrender of such Term Loan Notes is not required in connection with any payments on the accounts and records referred to in Section 2.11(a)Term Loans, each Lender and the including any final payment. The Administrative Agent shall maintain in accordance not have any duty or responsibility with its usual practice 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. In the event of respect to any conflict between the Register and the accounts and records of any Lender in respect of such matters, the Register shall be conclusive in the absence of demonstrable errorTerm Loan Note.

Appears in 1 contract

Samples: Term Loan Agreement (Petroquest Energy Inc)

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 by one or more entries in the Register. 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 Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such LenderXxxxxx’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. (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 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 CreditCredit 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Second Libor Transition Amendment (Primo Water Corp /CN/)

Evidence of Indebtedness. (a) The Credit Extensions Each Loan made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business, including the Register for the recordation of the Loans maintained by the Administrative Agent in accordance with the provisions of Section 11.03(c) (Assignments). The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive evidence, absent manifest error error, of the amount of the Credit Extensions Loans made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon . (b) The Borrowers agree that in addition to the request Register and any other accounts and records maintained pursuant to Section 2.04(a), the Loans made by each Lender shall be evidenced, in each case when requested by a Lender, by a Note or Notes duly executed on behalf of each Borrower, dated the Closing Date (or, if later, the date of any Lender made through such request), payable to the Administrative Agent, the Borrower shall execute and deliver to order of such Lender (through the Administrative Agent) in a Note payable principal amount equal to such Lender or its registered assigns, which shall evidence such Lender’s Loans in addition to such accounts or recordsCommitment. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans Loan and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Pacific Ethanol, Inc.)

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 Xxxxxx and evidenced by one or more entries in the RegisterRegister 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 Credit Extensions 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 and records maintained by any Lender Xxxxxx and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or and its registered assignsassignees, which shall evidence such LenderXxxxxx’s Loans in addition to such accounts or records. Each Lender Lender, may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount amount, currency and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Alight, Inc. / Delaware)

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 RegisterRegister maintained by the Administrative Agent, acting 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 the Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsLender, 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 theretothere-to. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Abl Credit Agreement (Cole Haan, Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Each Loan made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business, including the Register for the recordation of the Loans maintained by the Administrative Agent in accordance with the provisions of Section 10.03 (Assignments). The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive evidence, absent manifest error error, of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control, absent demonstrable error. (b) The Borrower agrees that in addition to the Register and any other accounts and records maintained pursuant to Section 2.05(a), the Loans made by each Lender shall, if requested by such Lender, be evidenced by a Note or Notes duly executed on behalf of the Borrower and dated the Closing Date (or, if later, the date of any such request). Each such Note shall be conclusive in payable to the absence order of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) in a Note payable principal amount equal to such Lender or its registered assigns, which shall evidence such Lender’s Loans in addition to such accounts or recordsCommitment. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), date and amount and maturity of its Loans Loan and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Debt Agreement (First United Ethanol LLC)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest demonstrable error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (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 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. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Meredith 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 RegisterRegister maintained by the Administrative Agent, acting 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 the Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Revolving Credit Note payable to such Lender or its registered assignsLender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender may attach schedules to its Revolving Credit Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Avaya Inc)

Evidence of Indebtedness. (a) The Subject to Section 10.07(c), 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 RegisterRegister maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c), as a non-fiduciary 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 Credit Extensions 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 and records maintained by any Lender Xxxxxx and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note or Notes payable to such Lender or its registered assignsLender, which shall evidence such LenderXxxxxx’s Loans of the applicable Class or Classes 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Superpriority Credit Agreement (Casa Systems Inc)

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 by one or more entries in the Register. 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 Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register, the Register shall be conclusive in the absence of demonstrable error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, which shall evidence such LenderXxxxxx’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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Term Loans made by each Lender shall will be evidenced by one or more accounts or records maintained by such Lender in the ordinary course of business and by one or more entries the Administrative Agent in the Registeraccordance with this Agreement. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence are conclusive absent manifest error of the amount of the Credit Extensions Term 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 do 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register shall be conclusive accounts and records of the Administrative Agent control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Term Loan Note payable to such Lender or its registered assigns, which shall will evidence such Lender’s Term Loans in addition to such accounts or records. Each Lender may attach schedules to its Term Loan Note and endorse thereon the date, Type (if applicable), amount and maturity of its Term Loans and payments with respect thereto. (b) In addition to . If any Term Loan Notes are executed and delivered hereunder, surrender of such Term Loan Notes is not required in connection with any payments on the accounts and records referred to in Section 2.11(a)Term Loans, each Lender and the including any final payment. The Administrative Agent shall maintain in accordance not have any duty or responsibility with its usual practice 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. In the event of respect to any conflict between the Register and the accounts and records of any Lender in respect of such matters, the Register shall be conclusive in the absence of demonstrable errorTerm Loan Note.

Appears in 1 contract

Samples: Multidraw Term Loan Agreement (Petroquest Energy Inc)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (b) In addition to the accounts and records referred to in Section ‎Section 2.11(a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 1 contract

Samples: Credit Agreement (Uniti Group Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Advances made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender the Lenders shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions Advances made by the such 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender to the Borrower made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, the applicable Notes which shall evidence such Lender’s Loans Advances to the Borrower in addition to such accounts or records. Each Lender may attach schedules to its Note such Notes and endorse thereon the date, Type (if applicable), amount amount, and maturity of its Loans Advances and payments with respect thereto. (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 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. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Notwithstanding anything to the contrary herein, in the event of a conflict between this Section 2.01(b), on the one hand, and the Register or Participant Register provisions of Sections 9.07(c) or (d), on the other hand, such provisions of Sections 9.07(c) or (d), as applicable, shall govern.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Corp)

Evidence of Indebtedness. (a) The Credit Extensions Borrowings 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 RegisterRegister 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 Credit Extensions 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 respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsLender, 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (Nexeo Solutions, Inc.)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. (b) In addition to the accounts and records referred to in Section 2.11(a), each Revolving Credit Lender and the Administrative Agent shall maintain in accordance with its usual practice 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. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Revolving Credit Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 1 contract

Samples: Credit Agreement (Avanos Medical, Inc.)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 any Borrower hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the each Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such Lender’s Loans to such Borrower in addition to such accounts or records. Each Lender may attach schedules to its such Note and endorse thereon the date, Type type (if applicable), amount and maturity of its such Loans and payments with respect thereto. (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 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Cliffs Natural Resources Inc.)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, 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. . (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 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 CreditCredit and Swing Line Loans. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error.. Section

Appears in 1 contract

Samples: Credit Agreement (Activision Blizzard, Inc.)

Evidence of Indebtedness. (a) The Credit Extensions Loans made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business, including the Register for the recordation of the Loans maintained by the Administrative Agent in accordance with the provisions of Section 10.03(c) (Assignments). The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive evidence, absent manifest error error, of the amount of the Credit Extensions 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control, absent manifest error. (b) The Borrower agrees that in addition to the Register and any other accounts and records maintained pursuant to Section 2.02(a) (Evidence of Indebtedness), the Loans made by each Lender shall be conclusive in evidenced by a Note or Notes duly executed on behalf of the absence of demonstrable errorBorrower. Upon Notes shall be dated the request Effective Date (or, if later, the date of any Lender made through the Administrative Agent, the Borrower request therefor by a Lender). Each such Note shall execute and deliver to such Lender (through the Administrative Agent) a Note be payable to such Lender or its registered assigns, which shall evidence such Lender’s assigns in a principal amount equal to the principal amount of Loans in addition allocated to such accounts or recordsLender as set forth on Schedule 2.01. Each Lender may attach schedules to its Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans Loan and payments with respect thereto. (bc) In addition The Borrower acknowledges and agrees that the Lenders have no commitment or obligation hereunder to the accounts and records referred to provide Loans or other extensions of credit except as provided in Section 2.11(a2.01(a), each Lender and the Administrative Agent shall maintain in accordance with its usual practice 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

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 by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrower 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 Borrower Borrowers hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower Borrowers so notified shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assignsNote, which shall evidence such Lender’s Loans in addition to such accounts or records. Each such Note shall (i) in the case of Term Loans, be in the form of Exhibit G-1 (a “Term Loan Note”) and (ii) in the case of Revolving Credit Loans, be in the form of Exhibit G-2 (a “Revolving Credit Note”). 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. (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 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. 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 be conclusive in the absence of demonstrable error.

Appears in 1 contract

Samples: Credit Agreement (APi Group Corp)

Evidence of Indebtedness. (a) The Credit Extensions Advances made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by one or more entries the Administrative Agent in the Registerordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender the Lenders shall be prima facie evidence conclusive absent manifest error of the amount of the Credit Extensions Advances made by the such 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 and records maintained by any Lender and the Registeraccounts and records of the Administrative Agent in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Upon the request of any Lender to the Borrower made through the Administrative Agent, the Borrower shall execute and deliver to such Lender (through the Administrative Agent) a Note payable to such Lender or its registered assigns, the applicable Notes which shall evidence such Lender’s Loans Advances to the Borrower in addition to such accounts or records. Each Lender may attach schedules to its Note such Notes and endorse thereon the date, Type (if applicable), amount amount, and maturity of its Loans Advances and payments with respect thereto. (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 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. In the event of any conflict between the Register accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the Register accounts and records of the Administrative Agent shall be conclusive control in the absence of demonstrable manifest error. Notwithstanding anything to the contrary herein, in the event of a conflict between this Section 2.01(b) [Evidence of Indebtedness], on the one hand, and the Register or Participant Register provisions of Sections 9.07(c) [Register] or (d), on the other hand, such provisions of Sections 9.07(c) [Register] or (d), as applicable, shall govern.

Appears in 1 contract

Samples: Credit Agreement (Penn Virginia Corp)

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