Common use of Loan Accounts Notes Clause in Contracts

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) 2.3.1 The Committed Loans and Bid Loans made by each Bank Lender shall be evidenced by one or more loan accounts or records maintained by such Bank Lender and by Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Bank shall Lender shall, absent manifest error, be prima facie evidence conclusive of the amount amounts of the Loans made by the Banks Lenders to the Company Borrower 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 Borrower's obligations hereunder to pay any amount owing with respect to the Loans. (b) If requested 2.3.2 The Loans made by any Bankeach Lender shall be evidenced by a Note payable to the order of such Lender in an amount equal to such Lender's Pro Rata Share of the Maximum Commitment Amount on the Closing Date, all of which Notes shall collectively amend and restate the Existing Note in its entirety. In addition, the Company shall execute and deliver Swing Loans made by the Swing Line Lender may be evidenced by a Note payable 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 order of the Swing Line Lender in the form amount of Exhibit G-1, and each such Bid Loan Note to be substantially in the form of Exhibit G-2)$25,000,000.00. Each Bank shall Lender may endorse on the any schedule annexed to its Note Note(s) the date, amount and maturity of each Loan made by that it makes (which shall not include undrawn amounts on outstanding Letters of Credit, but shall include the amounts of any drawings on outstanding Letters of Credit), and the amount of each payment of principal made by the Company that Borrower makes with respect thereto. Each such Bank is Borrower irrevocably authorized by the Company authorizes each Lender to endorse its Note Note(s), and each Bank’s such Lender's record shall be prima facie evidence of the amount of each such Loanconclusive absent manifest error; provided, however, that the any Lender's failure of a Bank to make, or an its error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the Borrower's obligations of the Company to such Lender hereunder or under any such Note to such Bankits Note(s).

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 Documentation 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 Obligations of the Company hereunder to pay any amount owing with respect to the Loans. In case of a discrepancy between the entries in the Documentation Agent's books and any Bank's books relating to such loan accounts, the Bank's books shall be considered correct in the absence of manifest error. (b) If requested by any BankBank shall so request, for purposes of Section 10.08(f), the Company shall execute and deliver obligation to such Bank repay the Loans may also be evidenced by 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 such Bank shall endorse on the schedule schedules annexed to its Note the date, amount amount, applicable interest rate and maturity of each Loan made by it and the amount of each payment of principal and interest made by the Company with respect thereto. Each such Bank is irrevocably authorized by the Company to so endorse its Note and each Bank’s 's record shall be constitute prima facie evidence of the amount accuracy of each such Loanthe information so recorded; 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 pay any amount with respect to the Loans made by such Bank. Any such request shall be made by such Bank to the Documentation Agent, which will prepare (or cause to be prepared) such Note and send the same to the Company for execution by the Company. Upon such execution, the Company will promptly deliver such Note to the Bank which requested the same.

Loan Accounts Notes. (a) The Committed Loans and Bid Loans made by each Bank Lender shall be evidenced by the Revolving Notes, the Term Notes and one or more loan accounts maintained by such Lender and the Administrative Agent in the ordinary course of business. The Swingline Loans shall be evidenced by one or more loan accounts or records maintained by such Bank the Swingline Lender and the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent shall, in the event of a discrepancy between the entries in the Administrative Agent's books and each Bank any Lender's or the Swingline Lender's books relating to such loan accounts, be controlling and, absent manifest error, shall be prima facie evidence of conclusive as to the amount of the Loans made by the Banks Lenders or the Swingline Lender's to the Company and Borrower, the interest and payments thereonthereon and any other amounts owing in respect of this Agreement. Any failure so to record make a notation in any such loan account or any error in doing so shall not, however, not limit or otherwise affect the obligation obligations of the Company Borrower hereunder to pay any amount owing with respect to the Loans. (b) If requested by any BankOn or before the Effective Date, the Company Borrower shall execute and deliver to such Bank each Lender (and deliver a promissory note evidencing such Bank’s Committed Loans (each copy thereof to the Administrative Agent) 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 Revolving Note to be substantially in the form of Exhibit G-1, A to evidence the Revolving Loans owing to such Lender and each such Bid Loan a Term Note to be substantially in the form of Exhibit G-2). Each Bank shall endorse on B to evidence the schedule annexed Term Loan owing 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 theretosuch Lender. Each such Bank is irrevocably authorized by the Company to endorse its Note and each Bank’s record note shall be prima facie evidence entitled to all of the amount rights and benefits of each such Loan; provided, however, that this Agreement and the failure of a Bank to make, or an error in making, a notation thereon with respect to any other Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such BankDocuments.

Loan Accounts Notes. (a) The Committed Loans made, and Bid Loans made the Letters of Credit Issued, by each the 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 in the Ordinary Course of Business. The accounts or records maintained by the Bank shall be prima facie evidence of the amount of the Loans made by the Banks Bank to the Company 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 hereunder to pay any amount owing with respect to the Loans. (b) If requested by Loans or any Letters of Credit. Upon the request of the Bank, the Company shall execute and deliver Loans made by the Bank may be evidenced by one or more Notes, instead of or in addition 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)loan accounts. Each The Bank shall endorse on the schedule schedules annexed to its Note Note(s) 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 The Company hereby irrevocably authorizes the Bank is irrevocably authorized by the Company to endorse its Note Note(s) and each acknowledges and agrees that the Bank’s 's record shall be prima facie evidence of the amount of each such Loanamounts so stated; provided, however, provided that the failure of a the 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 the Bank.

Loan Accounts Notes. (a) The Committed Loans made, and Bid Loans made the Letters of Credit Issued, by each the 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 in the Ordinary Course of Business. The accounts or records maintained by the Bank shall be prima facie evidence of the amount of the Loans made by the Banks Bank to the Company 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 hereunder to pay any amount owing with respect to the LoansLoans or any Letters of Credit. (b) If requested by any Upon the request of the Bank, the Company shall execute and deliver Loans made by the Bank may be evidenced by one or more Notes, instead of or in addition 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)loan accounts. Each The Bank shall endorse on the schedule schedules annexed to its Note Note(s) 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 The Company hereby irrevocably authorizes the Bank is irrevocably authorized by the Company to endorse its Note Note(s) and each acknowledges and agrees that the Bank’s 's record shall be prima facie evidence of the amount of each such Loanamounts so stated; provided, however, provided that the failure of a the 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 the Bank.

Loan Accounts Notes. (a) The Committed Loans and Bid Loans made by each Bank Lender shall be evidenced by one or more loan accounts or records maintained by such Bank Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent shall, in the event of any discrepancy between the entries in the Administrative Agent's books and each Bank any Lender's books relating to such loan accounts, be controlling and, absent manifest error, shall be prima facie evidence of the amount of the Loans made by the Banks Lenders to the Company Borrower, the principal and interest payments thereon and any other amounts owing in respect of this Agreement or any of the interest and payments thereonother Loan Documents. Any failure so to record make a notation in any such loan account or any error in doing so shall not, however, not limit or otherwise affect the obligation Obligations of the Company Borrower hereunder to pay any amount amounts owing with respect to the Loans. (b) If requested by any BankLender, the Company Borrower shall execute and deliver to such Bank Lender (and deliver a copy thereof to the Administrative Agent) one or more promissory notes evidencing the Loans owing to such Lender pursuant to this Agreement. Each such note evidencing Revolving Credit Loans shall be in or substantially in the form of Exhibit A (as amended, endorsed, replaced or otherwise modified from time to time, a "REVOLVING CREDIT NOTE"). Each such Bank’s Committed Loans (each a “Committed Loan Note”) and a promissory note evidencing Term Loans shall be in or substantially in the form of Exhibit B (as amended, endorsed, replaced or otherwise modified from time to time, a "TERM NOTE"). Each such Bank’s Bid note evidencing Incremental Loans (each a “Bid Loan Note”, and collectively, the “Notes”) (each such Committed Loan Note to shall be substantially in the form of Exhibit G-1the Revolving Credit Notes or the Term Notes with such conforming changes thereto as shall be specified by the Administrative Agent (as amended, and each such Bid Loan Note endorsed, replaced or otherwise modified from time to be substantially in the form of Exhibit G-2time, an "INCREMENTAL LOAN NOTE"). Each Bank All of the Notes shall endorse on be entitled to all of the schedule annexed to its Note rights and benefits of this Agreement, the date, amount and maturity of each other Loan made by it Documents 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 BankCollateral.

Loan Accounts Notes. (a) The Committed Loans and Bid Loans made by each Bank Lender shall be evidenced by one or more loan accounts or records maintained by such Bank Lender in the ordinary course of business. The loan accounts or records maintained by the Agent and each Bank Lender shall be prima facie evidence conclusive absent manifest error of the amount of the Loans made by the Banks Lenders to the Company Borrower and the Letters of Credit Issued for the account of the Borrower 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 Borrower hereunder to pay any amount owing with respect to the Loans. In case of a discrepancy between the entries in the Agent’s books and any Lender’s books, the Agent’s books shall be conclusive absent manifest error. (b) If requested by Upon the written request of any BankLender made through the Agent, the Company Facility A Loans made by such Lender shall execute and deliver to such Bank be evidenced by a single promissory note evidencing such Bank’s Committed Loans of the Borrower in substantially the form of Exhibit A-1 hereto (each each, a “Committed Loan Facility A Note”) and a promissory note evidencing such Bank’s Bid Loans (each a “Bid Loan Note”, ” and collectively, the “Facility A Notes”) (each ), instead of loan accounts. Each Facility A Note shall be dated the Effective Date, shall be payable to the order of such Committed Loan Note Lender in a principal amount equal to be substantially such Lender’s Facility A Commitment as in the form of Exhibit G-1effect, and each such Bid Loan Note to shall otherwise be substantially in the form of Exhibit G-2)duly completed. 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 The Notes 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 payable as provided 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 BankArticle III.