Common use of Evidence of Indebtedness Clause in Contracts

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 2 contracts

Samples: Credit Agreement (Pillarstone Capital Reit), Credit Agreement (Whitestone REIT)

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Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded recorded, absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 D (in the case of its Term A Loan and referred to herein as each a “Term A Note”)” and collectively, D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit its Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Monmouth Real Estate Investment Corp), Credit Agreement (Monmouth Real Estate Investment Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative DIP Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative DIP Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence evidence, absent manifest error, of the existence and amounts of the Post-Petition Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative DIP Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Post-Petition Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving DIP Loans and referred to herein as a “Revolving Note”), D‑5 or D-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit DIP Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Post Petition Credit Agreement (Pilgrims Pride Corp), Post Petition Credit Agreement (Pilgrims Pride Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Lxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof hereunder and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderLxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 Exhibit D -2 (in the case of its Term Loans and referred to herein as a “Term Note”), or Exhibit D-3 (in the case of its Incremental Term Loans and referred to herein as the a “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Revolving Notes, Term B Notes, Term C Notes, the Revolving Notes, the Notes and Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, or Revolving Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, with respect to Revolving Loans, the type thereof and, with respect to Eurodollar Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 ) or D-4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term A Loan, Term B Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Fifth Third Bancorp), Loan Agreement (Fifth Third Bancorp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence evidence, absent manifest error, of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request through the Administrative Agent that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced solely as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D-4 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 2 contracts

Samples: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, with respect to Revolving Loans, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 D‑1 (in the case of its Term A A-1 Loan and referred to herein as a “Term A A-1 Note”), Exhibit D-2 (in the case of its Term A-2 Loan and referred to herein as a “Term A-2 Note”), Exhibit D-3 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A A-1 Notes, Term A-2 Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one (1) or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Loan Agreement (Vantiv, Inc.), Loan Agreement (Vantiv, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 (the “Revolving Note”) or in the case form of its Term A Loan and referred to herein as a Exhibit D-2 (the Term A Swing Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”)applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a Revolving Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, its Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Revolving Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.02) be represented by one or more Revolving Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.02, except to the extent that any such Lender or assignee subsequently returns any such Revolving Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

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

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 D‑4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D‑5 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 2 contracts

Samples: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and and, with respect to Term Benchmark Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 D (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one (1) or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10Notes, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Loan Agreement (Western Digital Corp), Loan Agreement (Western Digital Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Rc2 Corp), Credit Agreement (Rc2 Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as Revolving Loans, a “Term A Revolving Note” and collectively, the “Revolving Notes), ) or Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”)Swing Loans, D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter herein referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, ​ ​ Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B-1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or B-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and the Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicableBank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts appropriate records evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable thereon and paid to such Lender from time to time hereunder. (b) under this Agreement. The Administrative Agent shall also maintain accounts (acting solely for purposes of Treasury Regulation Section 5f.103-1 (c) as a non-fiduciary agent for the Borrower) appropriate records in which it will record shall be recorded (i) the Revolving Commitment and the Term Loan Commitment of each Lender, (ii) the amount of each Loan made hereunderhereunder by each Lender, the type Class and Type thereof and and, in the case of each EurodollarSOFR Loan, the Interest Period with respect applicable thereto, (iiiii) the date of any continuation of any Loan pursuant to Section 2.7, (iv) the date of any conversion of all or a portion of any Loan to another Type pursuant to Section 2.7, (v) the date and amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder in respect of the Loans and (iiivi) both the date and amount of any sum received by the Administrative Agent hereunder from the Borrower in respect of the Loans and each LenderXxxxxx’s share Pro Rata Share thereof. (c) . The entries maintained made in the accounts maintained pursuant to paragraphs (a) and (b) above such records shall be be, absent manifest error, prima facie evidence of the existence and amounts of the Obligations obligations of the Borrower therein recorded absent manifest errorrecorded; providedprovided that $2,250,000 $2,250,000 December 31, however2023 $2,250,000 March 31, that 2024 March 31, 2023 $2,250,000 September 30, 2022 $2,250,000 June 30, 2024 June 30, 2022 $2,250,000 DB1/ 110470318.9 62 the failure or delay of any Lender or the Administrative Agent in maintaining or making entries into any Lender to maintain such accounts record or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations Loans (both principal and unpaid accrued interest) of such Lender in accordance with their terms. (d) Any Lender may request that its Loans be evidenced the terms of this Agreement. In the event of any conflict between the accounts and records maintained by a promissory note or notes substantially any Xxxxxx and the accounts and records of the Administrative Agent in respect of such amounts, the accounts and records of the Administrative Agent shall control in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement absence of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described abovemanifest error.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Amneal Pharmaceuticals, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Lxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and and, with respect to Term SOFR Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderLxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections 2.11(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. In the event of any conflict between the records maintained by the Administrative Agent and the records maintained by any Lxxxxx, the records maintained by the Administrative Agent shall control. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 ) and Exhibit D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (applicable, and in the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the case of any Incremental Term Notes and Swing Note being hereinafter referred Loans, in a form reasonably acceptable to collectively as the “Notes” and individually as a “Note”)Administrative Agent. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Incremental Term Loan, Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as Revolving Loans, a “Term A Revolving Note” and collectively, the “Revolving Notes), ) or D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”)Swing Loans, D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter herein referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Tomoka Land Co)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B‑1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or B‑2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), or B‑3 (in the case of Term Loans and referred to herein as “Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, and the Incremental Swing Note and Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanNotes, as applicable, payable to the order of such Bank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in Sections 2.4(a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Bread Financial Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 Exhibit D-2 (in the case of its Swingline Loans and referred to herein as a “Swing Note”), Exhibit D-3 (in the case of its Term Loans and referred to herein as a “Term Note”), or Exhibit D-4 (in the case of its Incremental Term Loans and referred to herein as a “Incremental Term Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Swing Note, Term Notes and Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, Revolving Loan or Swingline Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Postal Realty Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Lxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and and, with respect to Tranche Rate Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderLxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections 2.11(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. In the event of any conflict between the records maintained by the Administrative Agent and the records maintained by any Lxxxxx, the records maintained by the Administrative Agent shall control. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 ) and Exhibit D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (applicable, and in the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the case of any Incremental Term Notes and Swing Note being hereinafter referred Loans, in a form reasonably acceptable to collectively as the “Notes” and individually as a “Note”)Administrative Agent. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Incremental Term Loan, Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B-1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 B-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), or B-3 (in the case of Term Loans and referred to herein as “Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanNotes, as applicable, payable to the order of such Bank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in Sections 2.4(a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by A Advance owing to such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder in respect of A Advances. The Borrower agrees that upon notice by any Lender to the Borrower (with a copy of such notice to the Agent) to the effect that an A Note is required or appropriate in order for such Lender to evidence (whether for purposes of pledge, enforcement or otherwise) the A Advances owing to, or to be made by, such Lender, the Borrower shall promptly execute and deliver to such Lender an A Note payable to the order of such Lender in a principal amount up to the A Commitment of such Lender. (b) The Administrative Register maintained by the Agent pursuant to Section 8.02(d) shall also maintain accounts include a control account, and a subsidiary account for each Lender, in which it will record accounts (taken together) shall be recorded (i) the date and amount of each Loan Borrowing made hereunder, the type thereof and Type of Advances comprising such Borrowing and, if appropriate, the Interest Period with respect applicable thereto, (ii) the terms of each Assignment and Acceptance delivered to and accepted by it, (iii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower hereunder and each Lender’s 's share thereof. (c) The entries maintained Entries made in good faith by the Agent in the accounts maintained Register pursuant to paragraphs subsection (b) above, and by each Lender in its account or accounts pursuant to subsection (a) and (b) above above, shall be prima facie evidence of the existence amount of principal and amounts interest due and payable or to become due and payable from the Borrower to, in the case of the Obligations therein recorded Register, each Lender and, in the case of such account or accounts, such Lender, under this Agreement, absent manifest error; provided, however, that the failure of the Administrative Agent or any such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay the Obligations in accordance with their termsunder this Agreement. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender the Administrative Agent from time to time, including the amounts of principal and interest payable and paid to such Lender the Administrative Agent from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 D (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Shimmick Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 D‑1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D‑2 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Cal-Maine Foods Inc)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s Bank's share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B‑1 (in the case of its Revolving Loans and referred to herein as a "Revolving Note"), D‑5 B‑2 (in the case of its Incremental Swing Loans and referred to herein as a "Swing Note"), or B‑3 (in the case of Term Loans and referred to herein as the “Incremental "Term Note"), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Term Notes and Swing Note being hereinafter referred to collectively as the "Notes" and individually as a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanNotes, as applicable, payable to the order of such Bank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in Sections 2.4(a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Term Lender or Incremental Term Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to D being herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Term Lender or Incremental Term Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Loan Commitment or Incremental Term LoanLoan Commitment, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 B (in the case of its Term A Loan and referred to herein as a “Term A Note”)collectively, D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Northern Star Investment Corp. II)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ba) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, with respect to Revolving Loans, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (cb) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (dc) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A A-3 Loan and referred to herein as a “Term A A-3 Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), Exhibit D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 Exhibit D-4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A A-3 Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one (1) or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (a) above.

Appears in 1 contract

Samples: Incremental Amendment (Vantiv, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Revolving Loans, a “Revolving Note” and collectively, the “Revolving Notes”), Exhibit D-2 (in the case of its Swing Loans, a “Swing Note”), Exhibit D-3 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in ” and collectively the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C NoteNotes”) or Exhibit D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as a “Incremental Term Note” and collectively the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing NoteNotes”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Swing Note, Term Notes and Incremental Term Notes and Swing Note being hereinafter herein referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Swing Line Sublimit, Term Loan Commitment or Incremental Term Loan, as then applicable, or Incremental Term Loan or Incremental Term Loan Commitment, as then applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (CTO Realty Growth, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 C-1 (in the case of its Revolving Loans and referred to herein as Loans, a “Revolving Note” and collectively, the “Revolving Notes), D‑5 ) or C-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”)Swing Loans, or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter herein referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Trade Street Residential, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the a Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof (including the currency thereof) and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the a Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the relevant Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its U.S. Revolving Loans and referred to herein as a “U.S. Revolving Note”), D‑5 Exhibit D-3 (in the case of its Incremental Term Canadian Revolving Loans and referred to herein as the a Incremental Term Canadian Revolving Note”), or D‑6 Exhibit D-4 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the U.S. Revolving Notes, the Incremental Term Notes Canadian Revolving Notes, and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1011.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1011.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.)

Evidence of Indebtedness. (a) Each The Borrowings made by each Lender shall maintain be evidenced by one or more accounts or records maintained by such Xxxxxx and evidenced by one or more entries in accordance with its usual practice an account the Register maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c) or Proposed Treasury Regulation Section 1.163-5(b) (or, in each case, any amended or successor version), as non-fiduciary agent for the Borrower, in each case in the ordinary course of business. The accounts evidencing or records maintained by the indebtedness Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Borrowings made by the Lenders to the Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrower hereunder to such pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and records maintained by any Lender resulting from each Loan made by such Lender from time to timeand the entries in the Register, including the amounts entries in the Register shall control in the absence of principal and interest payable and paid to such Lender from time to time hereundermanifest error. (b) The 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, which shall evidence the relevant Class of such Xxxxxx’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. (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.13(a), and by each Lender in its account or accounts pursuant to Section 2.13(a), shall also maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the type thereof principal and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained and, in the accounts maintained pursuant to paragraphs (a) case of such account or accounts, such Lender, under this Agreement and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded other Loan Documents, absent manifest error; provided, however, provided that the failure of the Administrative Agent or any such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay under this Agreement and the Obligations in accordance with their termsother Loan Documents. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Term Lender or Incremental Term Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to D being herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Term Lender or Incremental Term Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Loan Commitment or Incremental Term LoanLoan Commitment, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B B-1 Loan and referred to herein as a “Term B B-1 Note”), D-3 (in the case of its Term C B-2 Loan and referred to herein as a “Term C B-2 Note”) ), D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B B-1 Notes, Term C B-2 Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: First Lien Credit Agreement (Excelligence Learning Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, hereunder and the type thereof and the Interest Period with respect theretothereof, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded (absent manifest error); provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), or D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”)applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, or Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.9) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.9, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Limbach Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Revolving Loans, a “Revolving Note” and collectively, the “Revolving Notes”), Exhibit D-2 (in the case of its Swing Loans, a “Swing Note”), Exhibit D-3 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in ” and collectively the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C NoteNotes”) or Exhibit D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as a “Incremental Term Note” and collectively the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing NoteNotes”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Swing Note, Term Notes and Incremental Term Notes and Swing Note being hereinafter herein referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Swing Line Sublimit, Term Loan Commitment or Incremental Term Loan, as then applicable, or Incremental Term Loan or Incremental Term Loan Commitment, as then applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (CTO Realty Growth, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ba) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, with respect to Revolving Loans, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (cb) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (dc) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A A-3A Loan and referred to herein as a “Term A A-3A Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), Exhibit D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 Exhibit D-4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A A-3A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one (1) or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (a) above.

Appears in 1 contract

Samples: Incremental Amendment (Vantiv, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms.. ​ (d) Any Term Lender or Incremental Term Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to D being herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Term Lender or Incremental Term Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Loan Commitment or Incremental Term LoanLoan Commitment, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the joint and several obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D-2 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note Notes being hereinafter referred to collectively as the “Notes” and individually as as, a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Commitment or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Hub Group, Inc.)

Evidence of Indebtedness. (a) Each The Borrowings made by each Lender shall maintain be evidenced by one or more accounts or records maintained by such Lender and evidenced by one or more entries in accordance with its usual practice an account the Register maintained by the Administrative Agent, acting solely for purposes of Treasury Regulation Section 5f.103-1(c) or Proposed Treasury Regulation Section 1.163-5(b) (or, in each case, any amended or successor version), as non-fiduciary agent for the Borrower, in each case in the ordinary course of business. The accounts evidencing or records maintained by the indebtedness Administrative Agent and each Lender shall be prima facie evidence absent manifest error of the amount of the Borrowings made by the Lenders to the Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrower hereunder to such pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and records maintained by any Lender resulting from each Loan made by such Lender from time to timeand the entries in the Register, including the amounts entries in the Register shall control in the absence of principal and interest payable and paid to such Lender from time to time hereundermanifest error. (b) The 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, which shall evidence the relevant Class of such Xxxxxx’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. (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.13(a), and by each Lender in its account or accounts pursuant to Section 2.13(a), shall also maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the type thereof principal and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained and, in the accounts maintained pursuant to paragraphs (a) case of such account or accounts, such Lender, under this Agreement and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded other Loan Documents, absent manifest error; provided, however, provided that the failure of the Administrative Agent or any such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay under this Agreement and the Obligations in accordance with their termsother Loan Documents. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)

Evidence of Indebtedness. (a) Each Lender The Loans made by the Bank to the Borrower shall maintain be evidenced by one or more loan accounts or records maintained by the Bank in accordance the ordinary course of business. The Borrower, on behalf of its Funds, authorizes the Bank to make or cause to be made, at or about the date of each Loan to the Borrower on behalf of a Fund or at the time of receipt of any payment of principal of each such Loan, an appropriate notation on its loan accounts or records, including computer records, reflecting the making of such Loan or (as the case may be) the receipt of such payment. The outstanding amount of the Loans set forth in any such loan accounts or records, including any computer records, maintained by the Bank with its usual practice an respect to the Loans made by it shall, absent manifest error, be prima facie evidence of the principal amount thereof owing and unpaid to the Bank, but the failure to record, or any error in so recording, any such amount on any such loan account or accounts evidencing record shall not limit or otherwise affect the indebtedness obligation of the Borrower Borrower, on behalf of each of its Funds, hereunder or under the other Loan Documents to such Lender resulting from each Loan made by such Lender from time to time, including the amounts make payments of principal of and interest payable and paid to such Lender from time to time hereunderon the Loans when due. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunderBorrower hereby agrees that, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence upon request of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such eventBank, the Borrower shall prepare, promptly execute and deliver to such Lender the Bank, a Note promissory note (as amended, supplemented or otherwise modified, the “Note”) substantially in the form of Exhibit A attached hereto, payable to such Lender or its registered assigns the Bank in an amount equal to the Uncommitted Line Amount or, if less, the aggregate unpaid principal amount of the relevant Term LoanBank’s Loans, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and plus interest thereon as provided below, which shall at all times (including after any assignment pursuant evidence the Bank’s Loans in addition to such records. Information Classification: Limited Access ​ 4. Section 12.10I(5)(a) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant Existing Loan Agreement is hereby amended by deleting the word “thirty” in the penultimate sentence of such Section and substituting in place thereof the word “sixty”. 5. Section I(5)(b) of the Existing Loan Agreement is hereby amended by deleting the words “Channel Center – CCB0900, Oxx Xxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000” in the first sentence of such Section and substituting in place thereof the words: “One Lincoln Street, Boston, Massachusetts 02111”. 6. Section II(5)(a)(ii) of the Existing Loan Agreement is hereby amended and restated in its entirety to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced read as described above.follows: “

Appears in 1 contract

Samples: Twelfth Amendment to Icon Funds Line of Credit (Icon Funds)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class and type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans of any Class be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Revolving Loans, a “Revolving Note” and collectively, the “Revolving Notes”), Exhibit D-2 (in the case of its Swing Loans, a “Swing Note”), Exhibit D-3 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in ” and collectively the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C NoteNotes”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or Exhibit D 4 (in the case of its Incremental Term Loans and referred to herein as a “Incremental Term Note” and collectively the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing NoteNotes”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Swing Note, Term Notes and Incremental Term Notes and Swing Note being hereinafter herein referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Swing Line Sublimit, Term Loan Commitment or Incremental Term Loan, as then applicable, or Incremental Term Loan or Incremental Term Loan Commitment, as then applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B-1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 B-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), or B-3 (in the case of Term Loans and referred to herein as “Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicableBank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in Sections 2.4(a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and, with respect to Eurocurrency Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be (i) made available to the Borrowers within a reasonable period of time after request by Borrowing Agent of such information and (ii) be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Domestic Revolving Loans or Multicurrency Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or Exhibit D-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Globe Specialty Metals Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and, with respect to Eurodollar Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 D‑1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 D‑2 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 D‑3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) as applicable ), and D‑4 (in the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the case of its Incremental Term Notes Loans, if any, and Swing Note being hereinafter referred to collectively herein as the an Notes” and individually as a “Incremental Term Note”), as applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Swing Line Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1011.11) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1011.11, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

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

Evidence of Indebtedness. (a) Each The Term Loans made by the Lender shall maintain be evidenced by one or more accounts or records maintained by the Lender and evidenced by one or more entries in accordance with its usual practice an account the Register maintained by the Lender, 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 accounts evidencing records maintained by the indebtedness Lender shall be prima facie evidence absent manifest error of the amount of the Term Loans made by the 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 the obligation of the Borrower hereunder to pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and records maintained by the Lender and the accounts and records of the Lender in respect of such matters, the accounts and records of the Lender shall control in the absence of manifest error. Upon the request of the Lender, the Borrower shall execute and deliver to the Lender a Term Note payable to the Lender, which shall evidence the Lender’s Term Loans in addition to such accounts or records. The Lender resulting from each Loan may attach schedules to its Term Note and endorse thereon the date, amount and maturity of its Term Loans and payments with respect thereto. (b) Entries made in good faith by such the Lender from time in the Register pursuant to time, including Section 2.09(a) shall be prima facie evidence of the amounts amount of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained to, in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence case of the existence Register, the Lender under this Agreement and amounts of the Obligations therein recorded other Loan Documents, absent manifest error; provided, however, provided that the failure of the Administrative Agent Lender to make an entry, or any Lender to maintain finding that an entry is incorrect, in the Register or such accounts or any error therein records shall not in any manner affect limit the obligation obligations of the Borrower to repay under this Agreement and the Obligations in accordance with their termsother Loan Documents. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Better Choice Co Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Lxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each LenderLxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. The Administrative Agent and each Lender agree to promptly provide to the Company copies of such accounts upon the reasonable request of the Company. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 D (in the case of its Revolving Loans and referred to herein as a “Revolving Credit Note”), D‑5 or Exhibit E (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Line Note”) ), as applicable (the Term A Revolving Credit Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Line Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicableassigns. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1014.11) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1014.11, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Arthur J. Gallagher & Co.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 Exhibit D-2 (in the case of its Swingline Loans and referred to herein as a “Swing Note”), Exhibit D-3 (in the case of its Initial Term Loans and referred to herein as a “Initial Term Note”), Exhibit D-4 (in the case of its Delayed Draw Term Loans and referred to herein as a “Delayed Draw Term Note”), or Exhibit D-5 (in the case of its Incremental Term Loans and referred to herein as a “Incremental Term Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Swing Note, Initial Term Notes, Delayed Draw Term Notes and Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Initial Term Loan, Delayed Draw Term Loan, Incremental Term Loan, Revolving Credit Commitment, Loan or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Postal Realty Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 Exhibit D-2 (in the case of its Swingline Loans and referred to herein as a “Swing Note”), Exhibit D-3 (in the case of its Initial Term Loans and referred to herein as a “Initial Term Note”), Exhibit D-4 (in the case of its Delayed Draw Term Loans and referred to herein as a “Delayed Draw Term Note”), or Exhibit D-45 (in the case of its Incremental Term Loans and referred to herein as a “Incremental Term Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Swing Note, Initial Term Notes, Delayed Draw Term Notes and Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Initial Term Loan, Delayed Draw Term Loan, Incremental Term Loan, Revolving Credit Commitment, Loan or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Postal Realty Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ba) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, with respect to Revolving Loans, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (cb) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (dc) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 D‑1 (in the case of its Term A A-3 Loan and referred to herein as a “Term A A-3 Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), Exhibit D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 Exhibit D‑4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A A-3 Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one (1) or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (a) above.

Appears in 1 contract

Samples: Loan Agreement (Vantiv, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D-2 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note Notes being hereinafter referred to collectively as the “Notes” and individually as as, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Commitment or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Hub Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class thereof, the type thereof and and, with respect to EurodollarTerm Benchmark Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations Loans and interest therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such Loans in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 C-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 Exhibit C-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 Exhibit C-3 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note Revolving Notes being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Loan or Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1011.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10Notes, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Lions Gate Entertainment Corp /Cn/)

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Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any 2029 Term Loan Lender or Incremental Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 D (in the case of its Term A Loan or such other form approved by such Lenders and referred to Administrative Agent, herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (CTO Realty Growth, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 C-1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or Exhibit C-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1011.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1011.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Techne Corp /Mn/)

Evidence of Indebtedness. (a) Each Lender Lender, with respect to amounts payable to it hereunder, and the Agent, with respect to all amounts payable hereunder in respect of Borrowings, shall maintain on its books in accordance with its usual practice an account or practice, loan accounts evidencing and control accounts, respectively, setting forth each Loan, including, in the indebtedness case of each Lender having made a Bid Loan, each such Bid Loan, the Borrower to such Lender resulting from each Loan made by such Lender from time to timeapplicable interest rate, including and the amounts of principal principal, interest, and interest other sums paid and payable and paid to such Lender by the Company from time to time hereunder. hereunder with respect thereto and the Applicable Currency (b) The Administrative Agent in the case of Offshore Currency Loans); provided, however, -------- ------- that the failure by any Lender to record, or any error in recording, any such amount on its books shall also maintain accounts in which it will record (i) not affect the obligations of the Company with respect thereto. In the case of any dispute, action or proceeding relating to any amount of each Loan made payable hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to entries in each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above such account shall be prima facie evidence of the existence and amounts of the Obligations therein recorded such amount, absent manifest error; provided. In case of any discrepancy between the entries in the Agent's books and any Lender's books, howeversuch Lender's books shall be considered correct in the absence of manifest error. (b) Notwithstanding the foregoing, that the failure of the Administrative Agent or if any Lender to maintain such accounts or any error therein shall not in any manner affect so request, the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Committed Loans shall also be evidenced by a promissory note or notes substantially in the forms form of Exhibit 2.05(b). --------------- (which forms may be altered c) The obligation to include amendment and restatement language to evidence the amendment and restatement of repay a Note issued to a Lender under the Prior Credit AgreementBid Loan shall also, if applicable) so requested by the Lender making such Bid Loan in its Competitive Bid, be evidenced by a promissory note in the form of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”2.05(c). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.---------------

Appears in 1 contract

Samples: Credit Agreement (Georgia Pacific Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Obligations in accordance with their terms. (d) Any The Borrowers covenant and agree, jointly and severally, to pay the Loans and other Obligations in accordance with this Agreement. The obligation of each Borrower to pay to each Lender may request that its the Loans and other Obligations hereunder shall be evidenced by this Agreement and, upon such Lender’s request, by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan Loans and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such eventUpon request, the Borrower Borrowers shall prepare, execute and deliver to such each Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term LoanLoans, Revolving Credit Commitment, Swingline Sublimit Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the The Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Addus HomeCare Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Class thereof, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations Loans and interest therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such Loans in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 C-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 Exhibit C-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 Exhibit C-3 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note Revolving Notes being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant applicable Term Loan, Loan or Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1011.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10Notes, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Lions Gate Entertainment Corp /Cn/)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan Acquisition Loans and referred to herein as a “Term B Acquisition Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Acquisition Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (DG FastChannel, Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and and, with respect to Eurodollar Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall shall, absent manifest error, be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Line of Credit Loans and referred to herein as a “Line of Credit Note”), or Exhibit D-3 (in the case of its Delayed Draw Term B Loan and referred to herein as a “Delayed Draw Term B Note”), D-3 or Exhibit D-4 (in the case of its Term C CapEx Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving CapEx Loan Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C the Line of Credit Notes, the Revolving Notes, the Incremental Delayed Draw Term Loan Notes and Swing Note the CapEx Loan Nots being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term A Loan, Revolving Line of Credit Commitment, Swingline Sublimit the Delayed Draw Term Loan or Incremental Term CapEx Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Granite City Food & Brewery Ltd.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from ​ ​ each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Term Lender or Incremental Term Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to D being herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Term Lender or Incremental Term Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Loan Commitment or Incremental Term LoanLoan Commitment, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence evidence, absent manifest error, of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request through the Administrative Agent that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced solely as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and, with respect to Eurodollar Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded (absent manifest error); provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”)applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.9) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.9, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Limbach Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B‑1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 B‑2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), or B‑3 (in the case of Term Loans and referred to herein as “Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanNotes, as applicable, payable to the order of such Bank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in Sections 2.4(a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Bread Financial Holdings, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ba) The Administrative Agent Lender shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent Lender hereunder from the Borrower and each Lender’s share thereofBorrower. (cb) The Absent manifest error, the entries maintained in the accounts maintained pursuant to paragraphs clauses (a) and (b) above of this Section 2.10 shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (dc) Any Lender may request that its Loans be evidenced by a promissory note or notes representing its Revolving Loans substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 D (in the case of its Term A Loan and referred to herein as each a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “"Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term " or "Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”"). In such event, the Borrower shall prepare, execute and deliver to Lender such Lender a Note or Notes payable to such the order of Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicablea form supplied by Lender. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described abovein clauses (a) and (b) of this Section 2.10.

Appears in 1 contract

Samples: Credit Agreement (Cobiz Financial Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the joint and several obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 (D, or that its Term Loan be evidenced by a promissory note substantially in the form of Exhibit E, or, in the case of the Swing Line Lender, that its Term A Loan and referred to herein as Swing Line Loans be evidenced by a “Term A Note”), D-2 (promissory note substantially in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 form Exhibit F (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note such Notes payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicableLender. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 12.1012.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (b)(i) and (ii) above.

Appears in 1 contract

Samples: Credit Agreement (Hawkins Inc)

Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower 120175877_7 145870580_7 to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 B-1 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 B-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), or B-3 (in the case of Term Loans and referred to herein as “Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanNotes, as applicable, payable to the order of such Bank. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.6) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.6, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in Sections 2.4(a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 (D, or that its Term Loan be evidenced by a promissory note substantially in the form of Exhibit E, or that its Converted Term Loan be evidenced by a promissory note substantially in the form of Exhibit F, or, in the case of its Term A Loan and referred to herein as the Swing Line Lender, a “Term A Note”), D-2 (promissory note substantially in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 form Exhibit G (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as each a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicableLender. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 12.1012.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in clauses (b)(i) and (ii) above.

Appears in 1 contract

Samples: Credit Agreement (Dolan Co.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and, with respect to Eurodollar Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 D‑1 (in the case of its Priority Term A Loan and referred to herein as a “Priority Term A Note”), D-2 (in the case of its Second Out Term B Loan and referred to herein as a “Second Out Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 D‑3 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 D‑4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) as applicable ), D‑5 (in the case of its Incremental Priority Term A NotesLoans, Term B Notesif any, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively herein as an “Incremental Priority Term Note”) and D‑6 (in the case of its Incremental Second Out Term Loans, if any, and referred to herein as an Notes” and individually as a “Incremental Second Out Term Note”), as applicable. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Priority Term Loan, Second Out Term Loan, Revolving Credit Commitment, Swingline Sublimit Swing Line Sublimit, Incremental Priority Term Loan or Incremental Second Out Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1011.11) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1011.11, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

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

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D-3 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) or D-4 (in the case of its Delayed Draw Term Loan and referred to herein as a “Delayed Draw Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Delayed Draw Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Willdan Group, Inc.)

Evidence of Indebtedness. (a) . (a) (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence evidence, absent manifest error, of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request through the Administrative Agent that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or Exhibit D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced solely as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained set forth in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent and in the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Smart Balance, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the applicable Borrower, the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder and (iii) the amount of any sum received under the terms of this Agreement by the Administrative Agent hereunder from the a Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the a Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-2 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes Note and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicableassigns. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Amcol International Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to timeincurred hereunder, including the amounts of principal of and interest on the Loans payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record record: (iA) the amount of each Loan made the Loans borrowed hereunder, the type thereof and the Interest Period with respect thereto, ; (iiB) the amount of any principal of or interest on the Loans due and payable or to become due and payable from the Borrower to each Lender hereunder and hereunder; and (iiiC) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (aSections Section 2.12(a) and (bSection 2.12(b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Each Lender’s Pro Rata Share of the Loans shall be evidenced by a promissory note or notes in substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) form of Exhibit D-1 D (as amended, amended and restated, supplemented and/or otherwise modified and in the case of its Term A Loan and referred effect from time to herein as a “Term A Note”)time, D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes, as applicable, on the relevant Note Issue Date, payable to such Lender Lender. Any issuance or its registered assigns in the amount reissuance of, or amendment to a Note shall not be, nor shall it be deemed to be, a discharge, rescission, extinguishment, novation or substitution of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans obligation evidenced by such Note and the Note so issued, reissued or Notes replaced shall continue to evidence the same obligation and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described abovenot a new obligation.

Appears in 1 contract

Samples: Credit Agreement (Nevada Gold & Casinos Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, with respect to Revolving Loans, the type thereof and, with respect to Eurodollar Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A B-1 Loan and referred to herein as a “Term A B-1 Note”), D-2 (in the case of its Term B Revolving LoansTerm B-2 Loan and referred to herein as a “Term B Revolving Note”) or D-3Term B-2 Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 D-4 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A B-1 Notes, Term B B-2 Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of such Lender’s Percentage of the relevant Term B-1 Loan, Term B-2 Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1010.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: First Lien Loan Agreement (Vantiv, Inc.)

Evidence of Indebtedness. Each Bank's Loans (including the Swing Line Bank) and the Borrower's obligation to repay such Loans with interest in accordance with the terms of this Agreement shall be evidenced by this Agreement, the records of such Bank and (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as Loans, a single Term A Note payable to the order of such Bank which, subject to Section 10.20, may be a Registered Note”), D-2 (b) in the case of its Term B Loan and referred to herein as Loans, a single Term B Note payable to the order of such Bank which, subject to Section 10.20, may be a Registered Note”), D-3 (c) in the case of its Term C Loan RC Loans, a single RC Note payable to the order of such Bank which, subject to Section 10.20, may be a Registered Note and referred to herein as a “Term C Note”(d) D-4 (in the case of its Revolving Loans and referred to herein as Swing Loans, a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Loan Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee Swing Line Bank. The records of each Bank shall, absent manifest error, be prima facie evidence of such Bank's Loans and accrued interest thereon and of all payments made in respect thereof. Drawings, Contingent Reimbursement Obligations and LC Participations, and the Borrower's obligations to repay Drawings with interest in accordance with the terms of this Agreement and to prepay Contingent Reimbursement Obligations, shall be evidenced by this Agreement and the records of the Issuing Bank. The records of the Issuing Bank shall, absent manifest error, be prima facie evidence of, with respect to each Letter of Credit, the amount of Drawings. Swing Line Participations shall be evidenced by this Agreement, the participation certificates furnished by the Swing Line Bank pursuant to Section 12.101.05(b)(ii)(A), except to if any, and the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described aboverecords of the Swing Line Bank.

Appears in 1 contract

Samples: Secured Guaranteed Credit Agreement (Zd Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 D-45 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D-56 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Whitestone REIT)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Term Lender or Incremental Term Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to D being herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Term Lender or Incremental Term Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Loan Commitment or Incremental Term LoanLoan Commitment, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent and in the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Smart Balance, 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 the Administrative Agent in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Lender shall be conclusive absent manifest error of the amount of the Credit Extensions made by the Lenders to the Borrowers and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower so notified shall execute and deliver to such Lender (through the Administrative Agent) a Note, 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 (other than Euro Tranche Term Loans), be in the form of Exhibit J-1 and, in the case of Euro Tranche Term Loans, be in the form of Exhibit J-4 of Exhibit D to Amendment No. 2 (each, a “Term Loan Note”), (iii) in the case of Dollar Revolving Credit Loans, be in the form of Exhibit J-2 (a “Dollar Revolving Note”) and (iii) in the case of Multicurrency Revolving Credit Loans, be in the form of Exhibit J-3 (a “Multicurrency Revolving 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 an accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (c) Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.11(b), and by each Lender in its account or accounts evidencing the indebtedness pursuant to Section 2.11(a), shall be prima facie evidence of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts amount of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to Borrowers to, in the case of the Register, each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained and, in the accounts maintained pursuant to paragraphs (a) case of such account or accounts, such Lender, under this Agreement and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded other Loan Documents, absent manifest error; provided, however, provided that the failure of the Administrative Agent or any such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay Borrowers under this Agreement and the Obligations in accordance with their termsother Loan Documents. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Amendment No. 9 (Platform Specialty Products Corp)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 D‑1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 D‑2 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 D‑3 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) or D‑4 (in the case of its Delayed Draw Term Loan and referred to herein as a “Delayed Draw Term Note”), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Swing Note and Delayed Draw Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, or Swingline Sublimit or Incremental Term LoanSublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1013.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Willdan Group, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (ba) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof[Reserved]. (cb) The entries maintained in the accounts maintained Register pursuant to paragraphs (aSection 12.12(b) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts pursuant to paragraphs (a) above or Section 12.12(b) or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (dc) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as each a “Term A Revolving Note” and collectively, the “Revolving Notes”) or D-2 (the “Swing Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Revolving Note or Swing Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit its Commitment or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Necessity Retail REIT, Inc.)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and, with respect to Eurodollar Loans and Swing Loans, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest errorrecorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 or D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Swing Loans and referred to herein as a “Swing Note”) ), as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term LoanSwing Line Sublimit, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1010.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1013.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Champion Industries Inc)

Evidence of Indebtedness. (a) Each The Loans made by each Lender shall maintain be evidenced by one or more accounts or records maintained by such Lender and evidenced by one or more entries in the Register maintained by the Administrative Agent in accordance with its usual practice an account Section 9.07(c), acting as a non-fiduciary agent solely for purposes of Treasury Regulation Section 5f.103-1(c) or Section 1.163-5(b) of the United States Proposed Treasury Regulations (or, in each case, any amended or successor version), as agent for the Borrower, in each case in the ordinary course of business. The accounts evidencing or records maintained by each Lender shall be prima facie evidence absent manifest error of the indebtedness amount of the Loans made by the Lenders to the Borrower and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrower hereunder to pay any amount owing with respect to the Loan Obligations. In the event of any conflict between the accounts and records maintained by any Lender and the Register in respect of such matters, the Register shall control in the absence of manifest error. Upon the request of any Lender made through the Administrative Agent, the Borrower shall execute and deliver to such Lender resulting from each Loan made by such Lender from time to time, including (through the amounts of principal and interest Administrative Agent) a Note payable and paid to such Lender, which shall evidence such Lender’s Loans in addition to such accounts or records. Each Lender from time may attach schedules to time hereunderits Note and endorse thereon the date, Type (if applicable), amount and maturity of its Loans and payments with respect thereto. (b) The Entries made in good faith by the Administrative Agent in the Register pursuant to Section 2.09(a), and by each Lender in its account or accounts pursuant to Section 2.09(a), shall also maintain accounts in which it will record (i) be prima facie evidence of the amount of each Loan made hereunder, the type thereof principal and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to to, in the case of the Register, each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained and, in the accounts maintained pursuant to paragraphs (a) case of such account or accounts, such Lender, under this Agreement and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded other Loan Documents, absent manifest error; provided, however, provided that the failure of the Administrative Agent or any such Lender to maintain such accounts make an entry, or any error therein finding that an entry is incorrect, in the Register or such account or accounts shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay under this Agreement and the Obligations in accordance with their termsother Loan Documents. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Credit Agreement (Hovnanian Enterprises Inc)

Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded recorded, absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), Exhibit D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 ) or Exhibit D-3 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, Notes and the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit Incremental Term Loan, or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.1012.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.1012.12, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Monmouth Real Estate Investment Corp)

Evidence of Indebtedness. (a) Each The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such the Lender resulting from each the Loan made by such Lender and the additions to the principal amount of the Loan from time to time, including the amounts of principal and interest payable and paid to such the Lender from time to time hereunder. The Borrower shall execute and deliver to the Lender a promissory note, in form and substance reasonably satisfactory to the Lender (a “Term Note”), payable to the Lender in a principal amount of the Loan (including the amount of the Funding Fee). (b) The Administrative Agent Borrower shall also maintain accounts at its address referred to on the signature page hereto a register for the recordation of the name and addresse of the Lender and principal amount of and interest on the Loan owing to the Lender from time to time (the “Register”). The entries in the Register shall be conclusive and binding for all purposes, absent manifest error, and the Borrower and the Lender may treat each Person whose name is recorded in the Register as the Lender hereunder for all purposes of this Credit Agreement. The Term Note (and any interest therein) shall not be transferred by the Lender unless such transfer is recorded in the Register. The Register shall be available for inspection by the Lender at any reasonable time and from time to time upon reasonable prior notice. The Register shall include a control account in which it will record shall be recorded (i) the date and the principal amount of each the Loan made hereunder, (including the type thereof and amount of the Interest Period with respect theretoFunding Fee), (ii) the amount of any principal or interest paid by the Borrower to the Lender hereunder, and (iii) the terms of any assignment by the Lender delivered to the Borrower. (c) Entries made in good faith by the Borrower in the Register pursuant to subsection (b) above, and by the Lender in its account pursuant to subsection (a) above, 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 each the Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded absent manifest error; provided, however, that the failure of the Administrative Agent Borrower or the Lender to make an entry, or any Lender to maintain such accounts finding that an entry is incorrect, in the Register or any error therein the Lender’s account shall not in any manner limit or otherwise affect the obligation obligations of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note or notes substantially in the forms (which forms may be altered to include amendment and restatement language to evidence the amendment and restatement of a Note issued to a Lender under the Prior this Credit Agreement, if applicable) of Exhibit D-1 (in the case of its Term A Loan and referred to herein as a “Term A Note”), D-2 (in the case of its Term B Loan and referred to herein as a “Term B Note”), D-3 (in the case of its Term C Loan and referred to herein as a “Term C Note”) D-4 (in the case of its Revolving Loans and referred to herein as a “Revolving Note”), D‑5 (in the case of its Incremental Term Loans and referred to herein as the “Incremental Term Note”), or D‑6 (in the case of its Swingline Loans and referred to herein as a “Swing Note”) as applicable (the Term A Notes, Term B Notes, Term C Notes, the Revolving Notes, the Incremental Term Notes and Swing Note being hereinafter referred to collectively as the “Notes” and individually as a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender or its registered assigns in the amount of the relevant Term Loan, Revolving Credit Commitment, Swingline Sublimit or Incremental Term Loan, as applicable. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 12.10) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 12.10, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described above.

Appears in 1 contract

Samples: Debtor in Possession Credit and Security Agreement

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