Common use of Evidence of Obligations Clause in Contracts

Evidence of Obligations. (a) Each Lender will maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender as a result of the Loans of such Lender, including the amounts of principal, interest and other amounts payable and paid to such Lender from time to time under this Agreement. Absent manifest error, the entries made by each Lender pursuant to the foregoing sentence shall constitute prima facie evidence, of the existence and amounts of the Loans and other obligations therein recorded; provided, however, that the failure of any Lender to maintain such account or accounts shall not in any manner affect the obligations of the Borrower to repay or pay the Loan made by such Lender, accrued interest thereon and the other obligations of the Borrower to such Lender hereunder in accordance with the terms of this Agreement. Each Lender will advise the Borrower of the outstanding Indebtedness hereunder to such Lender upon written request therefor. (b) If so requested after the Closing Date, by any Lender by written notice to the Borrower (with a copy to the Administrative Agent), the Borrower and the Guarantors (as guarantors under each Note (avalistas)) will, promptly following the end of the Availability Period, execute and deliver to such Lender, a non-negotiable Note in the form of Exhibit F attached hereto, evidencing the value of (i) the then outstanding aggregate principal amount or amounts of such Lender, together with (ii) the total interest payable by such Lender during the subsequent Interest Period to evidence the Loans of such Lender (each, an “Original Note” and, collectively, the “Original Notes”). With respect to any Lender that has received an Original Note, commencing at the end of the first Interest Period following the end of the Availability Period and at the end of each subsequent Interest Period, the Borrower shall promptly execute and deliver to the relevant Lender a Note evidencing the value of (i) the then outstanding aggregate principal amount or amounts of such Lender, together with (ii) the total interest payable by such Lender during the subsequent Interest Period to evidence the Loans of such Lender (each, a “Replacement Note” and, collectively, the “Replacement Notes”, and together with the Original Notes, the “Notes” and each, a “Note”). Following receipt of each Replacement Note, the applicable Lender shall promptly return the corresponding Original Note or previously issued Replacement Note such that at no point will any Lender be in the possession of more than one Note. (c) Notwithstanding anything to the contrary contained above in this Section 2.5 or elsewhere in this Agreement, no failure of any Lender to request or obtain a Note evidencing its Loans to the Borrower shall affect or in any manner impair the obligations of the Borrower to pay the Loans (and all related Obligations) incurred by the Borrower which would otherwise be evidenced thereby in accordance with the requirements of this Agreement, and shall not in any way affect the security or guaranties therefor provided pursuant to the various Financing Documents.

Evidence of Obligations. (a) Each Lender will maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender as a result of the Loans of such Lender, including the amounts of principal, interest and other amounts payable and paid to such Lender from time to time under this Agreement. Absent manifest error, the entries made by each Lender pursuant to the foregoing sentence shall constitute prima facie evidence, of the existence and amounts of the Loans and other obligations therein recorded; provided, however, that the failure of any Lender to maintain such account or accounts shall not in any manner affect the obligations of the Borrower to repay or pay the Loan made by such Lender, accrued interest thereon and the other obligations of the Borrower to such Lender hereunder in accordance with the terms of this Agreement. Each Lender will advise the Borrower of the outstanding Indebtedness hereunder to such Lender upon written request therefor. (b) If so requested after The Borrower agrees that, upon the Closing Date, request of the Administrative Agent or by any Lender by written notice to the Borrower (with a copy to the Administrative Agent)Lender, the Borrower and the Guarantors (as guarantors under each Note (avalistas)) will, will promptly following the end of the Availability Period, execute and deliver to such Lender a note evidencing any Loans of such Lender, a non-negotiable Note substantially in the form of Exhibit F attached hereto, evidencing the value of C (i) the then outstanding aggregate principal amount or amounts of such Lender, together with (ii) the total interest payable by such Lender during the subsequent Interest Period to evidence the Loans of such Lender (each, an “Original Note” and, collectively, the “Original Notes”). With respect to any Lender that has received an Original Note, commencing at the end of the first Interest Period following the end of the Availability Period and at the end of each subsequent Interest Period, the Borrower shall promptly execute and deliver to the relevant Lender a Note evidencing the value of (i) the then outstanding aggregate principal amount or amounts of such Lender, together with (ii) the total interest payable by such Lender during the subsequent Interest Period to evidence the Loans of such Lender (each, a “Replacement Note” and, collectively, the “Replacement Notes”, and together with the Original Notes, the “Notes” and each, a “Note”). Following receipt of each Replacement Note, the applicable Lender shall promptly return the corresponding Original Note or previously issued Replacement Note such that at no point will any Lender be in the possession of more than one Note) with appropriate insertions as to date and principal amount. (c) Notwithstanding anything to the contrary contained above in this Section 2.5 or elsewhere in this Agreement, no failure of any Lender to request or obtain a Note evidencing its Loans to the Borrower shall affect or in any manner impair the obligations of the Borrower to pay the Loans (and all related Obligations) incurred by the Borrower which would otherwise be evidenced thereby in accordance with the requirements of this Agreement, and shall not in any way affect the security or guaranties therefor provided pursuant to the various Financing Documents.