Common use of Lenders’ Evidence of Debt Clause in Contracts

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.), Security Agreement (X Rite Inc)

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Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that (1) the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided further, (2) in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Owl Rock Technology Income Corp.), Credit Agreement (FS Energy & Power Fund)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts portion of the Loans each Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s any Obligations owed to such Lender in respect of any applicable the Loans; and provided furtherfurther that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Margin Loan Agreement (Focus Media Holding LTD), Margin Loan Agreement (Focus Media Holding LTD), Margin Loan Agreement (Focus Media Holding LTD)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans Term Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loansthe Term Loan; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Joinder and Second Amendment Agreement (Ocwen Financial Corp), Counterpart Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Company’s 's Obligations in respect of any applicable LoansTerm Loan; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guarantee Agreement (Calpine Corp), Credit Agreement (Calpine Corp), Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts portion of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s any Obligations owed to such Lender in respect of any applicable Loansthe Loan; and provided furtherfurther that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Margin Loan Agreement (Gazit-Globe LTD), Margin Loan Agreement (Gazit-Globe LTD), Margin Loan Agreement (Gazit-Globe LTD)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (BPC Holding Corp), Credit and Guaranty Agreement (BPC Holding Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Revolving Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.), Credit and Guaranty Agreement (Navisite Inc), Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company Borrower to such Lender, including the amounts of the Loans Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrowers, absent manifest error; provided, that that, the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable LoansLoan; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations recordation in the Register shall govern.

Appears in 3 contracts

Samples: Credit Agreement (Hospitality Investors Trust, Inc.), Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or Company’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Energy Transfer Partners, L.P.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable the Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Term Loans; and provided further, further that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Home Inns & Hotels Management Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrowers to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrowers’ Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans Term Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Loansthe Term Loan; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Financing Agreement (Blueprint Medicines Corp), Financing Agreement (TherapeuticsMD, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Revolving Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc), Credit and Guaranty Agreement (Amscan Holdings Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrower's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (3com Corp), Credit and Guaranty Agreement (3com Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (LendingClub Corp), Credit and Guaranty Agreement (LendingClub Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; providedprovided that, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any LenderXxxxxx’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.), Credit and Guaranty Agreement (Veritone, Inc.)

Lenders’ Evidence of Debt. Each The Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such LenderObligations, including the amounts principal amount of the Loans made by it Loan outstanding and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s any Obligations owed to the Lender in respect of any applicable Loansthe Loan; and provided further, that, in the event of any inconsistency between the Register and any the Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Margin Loan Agreement (Montierra Minerals & Production, L.P.), Margin Loan Agreement (Montierra Minerals & Production, L.P.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitment or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Credit Document Obligations of the Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any of the Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Euramax International, Inc.), Credit and Guaranty Agreement (Euramax International, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (CVR Energy Inc), Credit Agreement (Emc Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Company, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Commitments or the Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Financing Agreement (Global Geophysical Services Inc), Settlement Agreement

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companyeach Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Counterpart Agreement (Och-Ziff Capital Management Group LLC), Governance Agreement (Och-Ziff Capital Management Group LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower and each other Loan Party, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrower Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations recordation in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (DynCorp International Inc), Credit and Guaranty Agreement (Services International LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Obligations in respect of any applicable Loans; and provided further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided further, further in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc), Term Loan Agreement (Source Interlink Companies Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts and currencies of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that (1) the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided further, (2) in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower and each other Loan Party, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrower Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.. (b)

Appears in 2 contracts

Samples: Credit Agreement (New Fortress Energy Inc.), Assignment and Acceptance Agreement (New Fortress Energy Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companysuch Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companysuch Borrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Concordia International Corp.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companyprima facie evidence of the Obligations of Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrowers’ Obligations in respect of any applicable Loans; and provided furtherfurther that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Vonage Holdings Corp), Credit and Guaranty Agreement (Vonage Holdings Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest errorprima facie evidence thereof; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that (i) the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; , and provided further, (ii) in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (TiVo Corp), Credit and Guaranty Agreement (TiVo Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Covanta Holding Corp), Project    Description    Agreement (Covanta Holding Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Margin Loan Agreement (Sunedison, Inc.), Credit Agreement (Crosstex Energy Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Grifols SA), Counterpart Agreement (RadNet, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Term Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (California Coastal Communities Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companyconstitute prima facie evidence thereof, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any LenderXxxxxx’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (Cablevision Holding S.A.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company each Borrower to such Lender, including the amounts of the Loans Term Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Obligations in respect of any applicable Loansthe Term Loan; and provided further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern, absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Novocure LTD)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrowers to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrowers, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s any Borrower's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall governgovern absent manifest error.

Appears in 1 contract

Samples: Financing Agreement (Usa Technologies Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrower's Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Pledge and Security Agreement (AbitibiBowater Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrowers to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrowers' Obligations in respect of any applicable Revolving Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Revolving Loan and Guaranty Agreement (Fedders Corp /De)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrower's Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Financing Agreement (Model N, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe amount of any Borrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrower's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gentek Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Parent to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyParent, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyParent’s Obligations in respect of any applicable Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.. (b)

Appears in 1 contract

Samples: New Residential Investment Corp.

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Loan Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Loan Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

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Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (National Semiconductor Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (Franchise Group, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Revolving Credit Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Term Loans; and provided provided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Term Loan Agreement (Globe Specialty Metals Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companysuch Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Companysuch Borrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Revolving Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hm Publishing Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companyany Borrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Paramount Acquisition Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (Bluestem Brands, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Companythe Borrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Intercreditor Agreement (Lannett Co Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrower's Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stanadyne Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest ​ ​ error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Loans; and provided furtherfurther that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J Crew Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Financing Agreement (BridgeBio Pharma, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower and each other Loan Party, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrower Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s 's Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NTL Delaware Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest demonstrable error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations recordation in the Register shall govern.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Reprographics CO)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any LenderXxxxxx’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Financing Agreement (Apellis Pharmaceuticals, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Credit Parties to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Credit Parties, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Credit Parties’ Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Possession Financing Agreement (Granite Broadcasting Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Houghton Mifflin Co)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company Borrower to such Lender, including the amounts of the Loans Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s Borrower's Obligations in respect of any applicable Loans; and provided further, that in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (America First Multifamily Investors, L.P.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern, absent manifest error.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the provided failure to make any such recordation, or any error in such recordation, shall not affect Company’s 's Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrowers’ Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Loan Agreement (Accredited Mortgage Loan REIT Trust)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companypresumptively correct, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect Company’s 's Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Companythe Borrower, absent manifest error; provided, provided that (1) the failure to make any such recordation, or any error in such recordation, shall not affect Company’s the Borrower's Obligations in respect of any applicable Loans; and provided further, (2) in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (FS Investment Corp III)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyXxxxxxxx’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Financing Agreement (Danimer Scientific, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Revolving Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided provided, further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (MAAX Holding Co.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Company’s Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company Borrower to such Lender, including the amounts of the Term Loans made held by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyBorrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyBorrower’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Loan Agreement (Ener1 Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Company, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender's Commitments or Company’s 's Obligations in respect of any applicable Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Company NewPageCo to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on CompanyNewPageCo, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect CompanyNewPageCo’s Obligations in respect of any applicable Term Loans; and provided further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage CORP)

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