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 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 prima facie evidence of the matters so recorded; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or the Borrower’s Obligations in respect of any Loans.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Empire Resorts Inc), Building Term Loan Agreement (Empire Resorts Inc)

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Lenders’ Evidence of Debt. Each Lender shall maintain on in its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made held by it such Lender and each repayment and prepayment in respect thereof. Any such recordation shall be prima facie evidence of the matters so recorded; provided, that the The failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided, 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 2 contracts

Samples: Senior Secured Credit Agreement (U.S. Well Services, Inc.), Second Lien Credit Agreement (U.S. Well Services, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower owed 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 prima facie evidence of the matters so recorded; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or the Borrower’s Borrowers’ Obligations in respect of any Loans.

Appears in 2 contracts

Samples: Term Loan Agreement (Hall of Fame Resort & Entertainment Co), Term Loan Agreement (GPAQ Acquisition Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower to such Lender, including the amounts of the Loans made by owed to it and each repayment and prepayment in respect thereof. Any such recordation shall be prima facie evidence of conclusive and binding on the matters so recordedBorrower, 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 the Borrower’s Obligations obligations in respect of any applicable Loans.

Appears in 1 contract

Samples: Note Agreement (MHI Hospitality CORP)

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

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (Solaris Energy Infrastructure, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower to such Lender, including the amounts of the Loans made by Loan owed to it and each repayment and prepayment in respect thereof. Any such recordation shall be prima facie evidence of conclusive and binding on the matters so recordedBorrower, 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 the Borrower’s Obligations obligations in respect of any Loansthe Loan.

Appears in 1 contract

Samples: Note Agreement (Sotherly Hotels Lp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower Company to such Lender, including the amounts amount of the Loans Loan made by it and each repayment and prepayment in respect thereof. Any such recordation shall be prima facie evidence of conclusive and binding on the matters so recordedCompany, absent manifest error; provided, however, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Commitments or the Borrower’s Company's Obligations in respect of any applicable Loans.

Appears in 1 contract

Samples: Credit Agreement (Xcel Energy Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of 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 prima facie evidence of the matters so recordedconclusive and binding on Borrower, 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 the Borrower’s Obligations Obligations; and provided further, in respect the event of any Loansinconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Education Management Corporation)

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Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of 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 prima facie evidence of the matters so recorded; 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 Borrower’s Obligations in respect of any Loans.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Penhall International Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of 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 prima facie evidence of conclusive and binding on the matters so recordedBorrower, 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 Borrower’s Obligations in respect of any Loans.such

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hologic Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower 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 prima facie evidence of conclusive and binding on the matters so recordedCompany, 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 BorrowerCompany’s Obligations in respect of any applicable Loans.

Appears in 1 contract

Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower 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 prima facie evidence of the matters so recordedconclusive 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 the Borrower’s Company's Obligations in respect of any applicable Loans.

Appears in 1 contract

Samples: Senior Subordinated Credit and Guaranty Agreement (Bill Barrett Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the each Borrower to such Lender, including the amounts of the Loans Advances made by it and each repayment and prepayment in respect thereof. Any such recordation shall be prima facie evidence of the matters so recordedconclusive 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 's Commitments or the a Borrower’s 's Obligations in respect of any Loansapplicable Advances.

Appears in 1 contract

Samples: Revolving Credit Agreement (TBS International LTD)

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