Lenders’ Evidence of Debt. The Lender shall maintain on its internal records an account or accounts evidencing the Obligations, 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 Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Hibbett Inc), Credit Agreement (Hibbett Inc)
Lenders’ Evidence of Debt. The Each Lender shall maintain on in its internal records an account or accounts evidencing the ObligationsObligations 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 conclusive and binding on the Borrower, absent manifest error; provided, that the The failure to make any such recordation, or any error in such recordation, shall not affect any Obligations in respect of any applicable Loans; and provided, in the Obligationsevent 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: Second Lien Credit Agreement (U.S. Well Services, Inc.), Senior Secured Credit Agreement (U.S. Well Services, Inc.)
Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations 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 conclusive and binding on prima facie evidence of the Borrower, absent manifest errormatters so recorded; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Obligationsany 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. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations 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 conclusive and binding on prima facie evidence of the Borrower, absent manifest errormatters 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 ObligationsBorrower’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)
Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsIndebtedness of the 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 conclusive and binding on the BorrowerCompany, absent manifest error; provided, however, that the failure to make any such recordation, or any error in such recordation, shall not affect the ObligationsCompany's Obligations in respect of any applicable Loans.
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Samples: Credit Agreement (Xcel Energy Inc)
Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereofthereof and interest payable and paid to such Lender from time to time hereunder. Any such recordation shall be conclusive and binding on prima facie evidence of the Borrowermatters so recorded, 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 ObligationsBorrower’s Obligations in respect of any Loans.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Penn National Gaming Inc)
Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsIndebtedness 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 conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the ObligationsBorrower’s obligations in respect of any applicable Loans.
Appears in 1 contract
Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations of 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 prima facie evidence of the Borrower, absent manifest errormatters so recorded; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect the Obligationsany Lender’s Commitments or Borrower’s Obligations in respect of any Loans.
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Samples: Second Lien Term Loan Agreement (Penhall International Corp)
Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsIndebtedness 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 conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the ObligationsBorrower’s obligations in respect of the Loan.
Appears in 1 contract
Samples: Note Agreement (Sotherly Hotels Lp)
Lenders’ Evidence of Debt. The Each Lender shall maintain on in its internal records an account or accounts evidencing the ObligationsObligations 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 conclusive and binding on the Borrower, absent manifest error; provided, that the The failure to make any such recordation, or any error in such recordation, shall not affect any Obligations in respect of any applicable Loans; and provided, in the Obligationsevent 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. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations 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 BorrowerCompany, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect the ObligationsCompany’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. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsIndebtedness of 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 conclusive and binding on the BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the Obligationsany Lender's Commitments or a Borrower's Obligations in respect of any applicable Advances.
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Lenders’ Evidence of Debt. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations 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 BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect the ObligationsCompany'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. The Each Lender shall maintain on its internal records an account or accounts evidencing the ObligationsObligations 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 conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect the Obligations.such
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