Loan Accounts Notes. (a) The Committed Loans and Bid Loans made by each Bank shall be evidenced by one or more loan accounts or records maintained by such Bank in the ordinary course of business. The loan accounts or records maintained by the Agent and each Bank shall be prima facie evidence of the amount of the Loans made by the Banks to the Company and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans.
(b) If requested by any Bank, the Company shall execute and deliver to such Bank a promissory note evidencing such Bank’s Committed Loans (each a “Committed Loan Note”) and a promissory note evidencing such Bank’s Bid Loans (each a “Bid Loan Note”, and collectively, the “Notes”) (each such Committed Loan Note to be substantially in the form of Exhibit G-1, and each such Bid Loan Note to be substantially in the form of Exhibit G-2). Each Bank shall endorse on the schedule annexed to its Note the date, amount and maturity of each Loan made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Bank is irrevocably authorized by the Company to endorse its Note and each Bank’s record shall be prima facie evidence of the amount of each such Loan; provided, however, that the failure of a Bank to make, or an error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Bank.
Loan Accounts Notes. (a) The Loans made by each Lender and the Letters of Credit Issued by the Issuing Lender shall be evidenced by one or more accounts or records maintained by such Lender or Issuing Lender, as the case may be, in the ordinary course of business. The loan accounts or records maintained by the Agent, the Issuing Lender and each Lender shall be presumed correct absent manifest error of the amount of the Loans made by the Lenders to the applicable Borrower and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company, Mexican Borrower or Canadian Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
(b) Upon the request of any Lender made through the Agent, the Loans made by such Lender may be evidenced by one or more Notes, instead of or in addition to loan accounts. Each such Lender shall record on the schedules annexed to its Note(s) the date, amount and maturity of each Loan made by it and the amount and Applicable Currency of each payment of principal made by the applicable Borrower with respect thereto. Each such Lender is irrevocably authorized by the applicable Borrower to make such recordations on its Note(s) and each Lender's record shall be presumed correct absent manifest error; provided, however, that the failure of a Lender to make, or an error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the obligations of the applicable Borrower hereunder or under any such Note to such Lender.
(c) On the Closing Date, the Company shall execute and deliver in favor of each Lender a substitute and amended Note in the form of Exhibit G-1 hereto, the Mexican Borrower shall execute and deliver in favor of each Lender a substitute and amended Note in the form of Exhibit G-2 hereto, the Canadian Borrower shall execute and deliver in favor of the Canadian Revolving Lender a substitute and amended Note in the form of Exhibit G-3 hereto, and the Company shall execute and deliver in favor of the Swing Line Lender a substitute and amended Note in the form of Exhibit G-4 hereto. Each such substitute and amended Note shall replace the respective Notes held by the Lenders prior to the Closing Date pursuant to the Existing Credit Agreement. Such issuance of substitute and amended Notes hereunder shall not constitute or evidence a...
Loan Accounts Notes. (a) The Committed Loans, the LC Obligations and the Bid Loans made by each Bank shall be evidenced by one or more loan accounts or records maintained by such Bank in the ordinary course of business. The loan accounts or records maintained by the Agent and each Bank shall be prima facie evidence of the amount of the Loans and Facility LCs made by the Banks and the LC Issuers, respectively, to the Company and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans and Facility LCs.
(b) If requested by any Bank, the Company shall execute and deliver to such Bank a promissory note evidencing such Bank’s Committed Loans (each a “Committed Loan Note”) and a promissory note evidencing such Bank’s Bid Loans (each a “Bid Loan Note”, and collectively, the “Notes”) (each such Committed Loan Note to be substantially in the form of Exhibit G-1, and each such Bid Loan Note to be substantially in the form of Exhibit G-2). Each Bank shall endorse on the schedule annexed to its Note the date, amount and maturity of each Loan made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Bank is irrevocably authorized by the Company to endorse its Note and each Bank’s record shall be prima facie evidence of the amount of each such Loan; provided, however, that the failure of a Bank to make, or an error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Bank.
Loan Accounts Notes. (a) The Loans made by each Bank shall be evidenced by one or more loan accounts maintained by such Bank and the Agent in the ordinary course of business. The loan accounts maintained by the Agent shall, in the event of a discrepancy between the entries in the Agent's books and any Bank's books relating to such loan accounts, be controlling and, absent manifest error, shall be conclusive as to the amount of the Loans made by the Banks to the Borrowers, the interest and payments thereon and any other amounts owing in respect of this Agreement. Any failure to make a notation in any such loan account or any error in doing so shall not limit or otherwise affect the obligations of the Borrowers hereunder to pay any amount owing with respect to the Loans.
(b) If requested by any Bank for purposes of Section 12.07(e), the Borrowers shall execute and deliver to such Bank (and deliver a copy thereof to the Agent) one or more promissory notes evidencing the Loans owing to such Bank pursuant to this Agreement. Any such note shall be in a form prescribed by the Borrowers and the Agent and shall be entitled to all of the rights and benefits of this Agreement.
Loan Accounts Notes. (a) The Committed Loans made by each Bank shall be evidenced by one or more loan accounts or records maintained by such Bank in the ordinary course of business. The loan accounts or records maintained by the Agent and each Bank shall be prima facie evidence of the amount of the Loans made by the Banks to the Company and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans.
(b) If requested by any Bank, the Company shall execute and deliver to such Bank a promissory note evidencing such Bank's Committed Loans (each a "Note", and collectively, the "Notes") (each such Note to be substantially in the form of Exhibit D). Each Bank shall endorse on the schedule annexed to its Note the date, amount and maturity of each Loan made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Bank is irrevocably authorized by the Company to endorse its Note and each Bank's record shall be prima facie evidence of the amount of each such Loan; provided, however, that the failure of a Bank to make, or an error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Bank.
Loan Accounts Notes. (a) Each Lender may maintain in -------------------- accordance with its usual practice an account or accounts evidencing the Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. In the case of a Lender that does not request, pursuant to clause (b) below, execution and delivery of a Note ---------- evidencing the Loans made by such Lender to the Borrower, such account or accounts shall, to the extent not inconsistent with the notations made by the Administrative Agent in the Register, be conclusive and binding on the Borrower absent manifest error; provided, however, that the failure of any Lender to -------- ------- maintain such account or accounts shall not limit or otherwise affect any Obligations of the Borrower or any other Obligor.
(b) The Borrower agrees that, upon the request to the Administrative Agent by any Lender, the Borrower will promptly execute and deliver to such Lender, as applicable, a Note evidencing the Loans made by such Lender. The Borrower hereby irrevocably authorizes each Lender to make (or cause to be made) appropriate notations on the grid attached to such Lender's Notes (or on any continuation of such grid), which notations, if made, shall evidence, inter ----- alia, the date of, the outstanding principal amount of, and the interest rate ---- and Interest Period applicable to the Loans evidenced thereby. Such notations shall, to the extent not inconsistent with the notations made by the Administrative Agent in the Register, be conclusive and binding on the Borrower absent manifest error; provided, however, that the failure of any Lender to make -------- ------- any such notations shall not limit or otherwise affect any Obligations of the Borrower or any other Obligor.
Loan Accounts Notes. 32 2.03 Procedure for Committed Borrowing, Swingline Borrowing and Multicurrency Borrowing......................... 32 2.04 Conversion and Continuation Elections for Committed Borrowings and Multicurrency Borrowings............. 36 2.05 Bid Borrowings...................................... 38 2.06 Procedure for Bid Borrowings........................ 38 2.07 Voluntary Reduction and Termination of Commitments..
Loan Accounts Notes. (a) Each Bank will open and maintain a loan account (each a "Loan Account") on its books in the name of each of the Borrowers with respect to such Bank's Advances and Term Loans. Each Advance and Term Loan made by a Bank will be debited, and each payment or prepayment on account thereof will be credited, and any adjustments required by the conversion of Advances and Term Loans shall be recorded in the Loan Account maintained by such Bank. Each Bank shall render to Dynatech (for distribution to each of the Borrowers) and the Agent, on or before the fifth Business Day of each calendar quarter, a statement of its Loan Account as of the last day of the prior calendar quarter; provided that the failure of any Bank to render any such statement in a timely fashion shall not affect or impair the validity or binding nature of any Loan Account.
(b) Any Bank may at any time request that any Loans outstanding to such Bank be evidenced by a promissory note or notes (the "Notes") of the applicable Borrower. Upon such request, the applicable Borrower shall promptly execute and deliver to such Bank, with a copy thereof to the Agent, a promissory note substantially in the forms attached hereto as Exhibits B-1 or B-2, as applicable. Upon execution and delivery by a Borrower of a promissory note, such Borrower's obligation to repay the Loans made to it by such Bank and all interest thereon shall thereafter be evidenced by such promissory note.
Loan Accounts Notes. The Loans made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive absent manifest error of the amount of the Loans made by the Lenders to the Company and Subsidiary Borrowers and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company and Subsidiary Borrowers hereunder to pay any amount owing with respect to the Loans. Upon the request of any Lender made through the Agent, the Loans made by such Lender may be evidenced by one or more Notes, in addition to such loan accounts.
Loan Accounts Notes. Procedure for Borrowing by the Company or the Mexican Borrower. 29 2.04 The Swing Line Loans.
