Common use of Evidence of Tranche B Term Loan; Tranche B Term Notes Clause in Contracts

Evidence of Tranche B Term Loan; Tranche B Term Notes. The Tranche B Term Loans made by each Tranche B Lender shall be evidenced by one or more accounts or records maintained by such Tranche B Lender and by the Administrative Agent in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Tranche B Lender shall be conclusive absent manifest error of the amount of the Tranche B Term Loan made by the Tranche B 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 Obligations. In the event of any conflict between the accounts and records maintained by any Tranche B 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. In addition to such accounts or records, upon request of any Tranche B Lender, the Tranche B Term Loan shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit C hereto or such other substantially similar form with appropriate adjustments deemed necessary by the Administrative Agent from time to time (each a “Tranche B Term Note”), and completed with appropriate insertions. Any such Tranche B Term Note shall be payable to the order of such Tranche B Lender in a principal amount equal to such Tranche B Lender’s Commitment Percentage of the Tranche B Term Loan and representing the obligation of the Borrower to pay to such Tranche B Lender such principal amount or, if less, the outstanding amount of such Tranche B Lender’s Commitment Percentage of the Tranche B Term Loan, plus interest accrued thereon, as set forth below. Each Tranche B Lender may attach schedules to its Tranche B Term Note and endorse thereon the date, Type (if applicable), amount and maturity of its Tranche B Term Loans and payments with respect thereto.

Evidence of Tranche B Term Loan; Tranche B Term Notes. The Tranche B Term Loans made by each Tranche B Lender shall be evidenced by one or more accounts or records maintained by such Tranche B Lender and by the Administrative Agent in the ordinary course of business. The accounts or records maintained by the Administrative Agent and each Tranche B Lender shall be conclusive absent manifest error of the amount of the Tranche B Term Loan made by the Tranche B 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 Obligations. In the event of any conflict between the accounts and records maintained by any Tranche B 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. In addition to such accounts or records, upon request of any Tranche B Lender, the Tranche B Term Loan shall be evidenced by separate promissory notes of the Borrower in substantially the form of Exhibit C hereto or such other substantially similar form with appropriate adjustments deemed necessary by the Administrative Agent from time to time (each a “Tranche B Term Note”), and completed with appropriate insertions. Any such Tranche B Term Note shall be payable to the order of such Tranche B Lender in a principal amount equal to such Tranche B Lender’s Commitment Percentage of the Tranche B Term Loan and representing the obligation of the Borrower to pay to such Tranche B Lender such principal amount or, if less, the outstanding amount of such Tranche B Lender’s Commitment Percentage of the Tranche B Term Loan, plus interest accrued thereon, as set forth below. Each Tranche B Lender may attach schedules to its Tranche B Term Note and endorse thereon the date, Type (if applicable), amount and maturity of its Tranche B Term Loans and payments with respect thereto.