Common use of Evidence of Liabilities Clause in Contracts

Evidence of Liabilities. Each Noteholder's books and records showing the Liabilities shall be admissible in any action or proceeding, shall be binding upon each Guarantor for the purpose of establishing the Liabilities due from the Company and shall constitute prima facie proof, absent manifest error, of the Liabilities of the Company to such Noteholder, as well as the obligations of each Guarantor to such Noteholder.

Appears in 2 contracts

Samples: Guaranty Agreement (Universal Forest Products Inc), Guaranty Agreement (Universal Forest Products Inc)

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Evidence of Liabilities. Each NoteholderLender's books and records showing the Liabilities shall be admissible in any action or proceeding, shall be binding upon each Guarantor for the purpose of establishing the Liabilities due from the Company Borrower and shall constitute prima facie proof, absent manifest error, of the Liabilities of the Company Borrower to such NoteholderLender, as well as the obligations of each Guarantor to such NoteholderLender.

Appears in 2 contracts

Samples: Guaranty Agreement (Amtran Inc), Guaranty Agreement (Amtran Inc)

Evidence of Liabilities. Each NoteholderLender's books and records showing the Liabilities shall be admissible in any action or proceeding, shall be binding upon each Guarantor for the purpose of establishing the Liabilities due from the Company Borrowers and shall constitute prima facie proof, absent manifest error, of the Liabilities of the Company Borrowers to such NoteholderLender, as well as the obligations of each Guarantor to such NoteholderLender.

Appears in 1 contract

Samples: Guaranty Agreement (Universal Forest Products Inc)

Evidence of Liabilities. Each Noteholder's ’s books and records showing the Liabilities shall be admissible in any action or proceeding, shall be binding upon each Guarantor for the purpose of establishing the Liabilities due from the Company and shall constitute prima facie proof, absent manifest error, of the Liabilities of the Company to such Noteholder, as well as the obligations of each Guarantor to such Noteholder.

Appears in 1 contract

Samples: Guaranty Agreement (Universal Forest Products Inc)

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Evidence of Liabilities. Each NoteholderLender's books and records showing the Liabilities shall be admissible in any action or proceeding, shall be binding upon each the Guarantor for the purpose of establishing the Liabilities due from the Company Borrower and shall constitute prima facie proof, absent manifest error, of the Liabilities of the Company Borrower to such NoteholderLender, as well as the obligations of each the Guarantor to such NoteholderLender.

Appears in 1 contract

Samples: Guaranty Agreement (James Cable Finance Corp)

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