Common use of Loans-General Clause in Contracts

Loans-General. (a) Loans shall be made in such currency and at the time and in the manner requested by the Borrower, subject to this Agreement and upon fulfilment of all conditions precedent to the making of such Loans. (b) No Loans shall be made except on a Banking Day. (c) All payments by the Lenders hereunder shall be made to the Agent at the Agent’s Branch in immediately available freely transferable funds in the applicable currency by no later than 2:00 p.m. (Toronto time) on the relevant Drawdown Date. All payments by the Borrower hereunder shall be made to the Agent at the Agent’s Branch in immediately freely transferable funds by no later than 12:00 noon (Toronto time) on the relevant Drawdown Date. The Borrower shall open and maintain the Borrower’s Accounts for the purpose of receiving Advances and making payments, repayments and prepayments under this Agreement. (d) The Agent shall open and maintain books of account or electronically stored records evidencing all Advances and all other amounts owing by the Borrower to the Lenders hereunder. The Agent shall enter in the foregoing books of account details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Agent and the Lenders hereunder, absent manifest error. (e) The Operating Lender shall open and maintain separate books of account or electronically stored records evidencing all Operating Loans and all other amounts owing by the Borrower to the Operating Lender hereunder. The Operating Lender shall enter in the foregoing books of account details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Operating Lender hereunder, absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)

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Loans-General. (a) Loans shall be made in such currency and at the time and in the manner requested by the Borrower, subject to this Agreement and upon fulfilment of all conditions precedent to the making of such Loans. (b) No Loans shall be made except on a Banking Day. (c) All payments Loans by the Lenders hereunder shall be made to the Agent at the Agent’s Branch in immediately available freely transferable funds in the applicable currency by no later than 2:00 p.m. (Toronto time) on the relevant Drawdown Date. All and all payments by the Borrower hereunder shall be made to the Agent at the Agent’s Branch Accounts in immediately available freely transferable funds by no later than 12:00 noon (Toronto time) on the relevant Drawdown Datefunds. The Borrower shall open and maintain the Borrower’s Accounts Account for the purpose of receiving Advances Loans and making payments, repayments and prepayments under this Agreement. (d) The Agent shall open and maintain books of account or electronically stored records evidencing all Advances and all other amounts owing by the Borrower to the Lenders hereunder. The Agent shall enter in the foregoing books of account accounts details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account accounts shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Agent and the Lenders hereunder, absent manifest error. (e) The Operating Swingline Lender shall open and maintain separate books of account or electronically stored records evidencing all Operating Loans Swingline Advances and all other amounts owing by the Borrower to the Operating Swingline Lender hereunder. The Operating Swingline Lender shall enter in the foregoing books of account accounts details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunderin respect of the Swingline Facility. The information entered in the foregoing books of account accounts shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Operating Swingline Lender hereunder, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement

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Loans-General. (a) Loans shall be made in such currency and at the time and in the manner requested by the Borrower, subject to this Agreement and upon fulfilment of all conditions precedent to the making of such Loans. (b) No Loans shall need be made except on a Banking Day. (c) All Loans by the Lenders (other than Operating Facility Advances) and all payments by the Lenders Borrower hereunder (other than with respect to Operating Facility Advances) shall be made to the Agent at the Agent’s 's Designated Branch in immediately available freely transferable funds in the applicable currency by no later than 2:00 p.m. (Toronto time) on the relevant Drawdown Date. All payments by the Borrower hereunder shall be made to the Agent at the Agent’s Branch in immediately freely transferable funds by no later than 12:00 noon (Toronto time) on the relevant Drawdown Datefunds. The Borrower shall open and maintain the Borrower’s 's Accounts (and, with respect to the Operating Facility Advances, accounts with the Operating Facility Lender) for the purpose of receiving Advances Loans and making payments, repayments and prepayments under this Agreement. (d) The Agent shall open and maintain books of account or electronically stored records evidencing all Syndicated Facility Advances and all other amounts owing by the Borrower to the Lenders hereunderhereunder (other than under the Operating Facility). The Operating Facility Lender shall open and maintain books of accounts evidencing the Operating Facility Advances and all other amounts owing with respect thereto. The Agent and the Operating Facility Lender, as applicable, shall enter in the foregoing books of account accounts details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account accounts shall constitute prima facie evidence of the Outstandings Loan Indebtedness owing from time to time by the Borrower to the Agent Agent, the Lenders and the Lenders hereunder, absent manifest error. (e) The Operating Lender shall open and maintain separate books of account or electronically stored records evidencing all Operating Loans and all other amounts owing by the Borrower to the Operating Facility Lender hereunder. The Operating Lender shall enter in the foregoing books of account details of all applicable amounts from time to time owing, paid or repaid by the Borrower hereunder. The information entered in the foregoing books of account shall constitute prima facie evidence of the Outstandings owing from time to time by the Borrower to the Operating Lender hereunder, absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Bellatrix Exploration Ltd.)

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