Common use of Lenders’ Evidence of Debt Clause in Contracts

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender or Issuing Bank, 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 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 or Issuing Banks’ Commitment or 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 or Issuing Bank’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)

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Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender or Issuing BankLender, including the amounts of the Loans made or deemed made by it it, accrued and capitalized interest and fees thereon and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, 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 or Issuing Banks’ Commitment or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register (if applicable) shall govern.

Appears in 3 contracts

Samples: Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Counterpart Agreement (Reliant Pharmaceuticals, Inc.)

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender or Issuing Bank, 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 Borrower, 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 or Issuing Banks’ Term Loan Commitment, Revolving Commitment or DSR Commitment or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on in accordance with its internal records usual practice an account or accounts evidencing the Obligations of Borrower each of the Borrowers to such Lender or Issuing BankLender, including the amounts of the Loans made by it to each Borrower and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe relevant Borrowers, 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 Issuing Banks’ Commitment or Borrower’s the Obligations of each Borrower in respect of any applicable Loans, L/C Borrowings or any other Obligations; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender or Issuing Bank, 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 any Lender’s or Issuing Banks’ Revolving Commitment or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy, Inc.)

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender or Issuing Bank, 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 Borrower, 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 or Issuing Banks’ Term Loan Commitment or Revolving Commitment or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender or Issuing BankLender, 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 any Lender’s Revolving Commitments, or Issuing Banks’ Commitment the amount of the outstanding principal amount of any Loans or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall govern.govern absent manifest error. (b)

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

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Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender or Issuing BankLender, 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 any Lender’s or Issuing Banks’ Revolving Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further that, that in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender or Issuing BankLender, 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 any Lender’s Revolving Commitments, or Issuing Banks’ Commitment the amount of the outstanding principal amount of any Loans or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s records, the recordations in the Register shall governgovern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Lenders’ Evidence of Debt. Each Lender and Issuing Bank shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Borrower to such Lender or Issuing BankLender, 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 Borrower, absent manifest error; provided that the provided, failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s 's Overadvance Loan Commitment, Revolving Credit Commitments, or Issuing Banks’ Commitment Term Loans or any of Borrower’s 's Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s or Issuing Bank’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Security Agreement (Scan Optics Inc)

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