Common use of Notations on the Structured Notes Clause in Contracts

Notations on the Structured Notes. (a) Each Lender Agent is hereby authorized to enter on a schedule attached to each Conduit Lender’s and each Institutional Lender’s Structured Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Advance under such Structured Note made by the applicable Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of any Lender Agent to make any such notation on the schedule attached to the applicable Structured Note shall not limit or otherwise affect the obligation of the Borrower to repay the Advances under such Structured Note in accordance with the terms set forth herein. (b) The Swingline Lender is hereby authorized to enter on a schedule attached to the Swingline Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Swingline Advance under the Swingline Note made by the Swingline Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Swingline Lender to make any such notation on the schedule attached to the Swingline Note shall not limit or otherwise affect the obligation of the Borrower to repay the Swingline Advances under the Swingline Note in accordance with the terms set forth herein.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

AutoNDA by SimpleDocs

Notations on the Structured Notes. (a) Each Lender Agent is hereby authorized to enter on a schedule attached to each Conduit Lender’s and each Institutional Lender’s Structured Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Advance under such Structured Note made by the applicable Lender of: : (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of any Lender Agent to make any such notation on the schedule attached to the applicable Structured Note shall not limit or otherwise affect the obligation of the Borrower to repay the Advances under such Structured Note in accordance with the terms set forth herein. (b) The Swingline Lender is hereby authorized to enter on a schedule attached to the Swingline Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Swingline Advance under the Swingline Note made by the Swingline Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Swingline Lender to make any such notation on the schedule attached to the Swingline Note shall not limit or otherwise affect the obligation of the Borrower to repay the Swingline Advances under the Swingline Note in accordance with the terms set forth herein. (c) The Alternative Currency Swingline Lender is hereby authorized to enter on a schedule attached to the Alternative Currency Swingline Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Alternative Currency Swingline Advance under the Alternative Currency Swingline Note made by the Alternative Currency Swingline Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Alternative Currency Swingline Lender to make any such notation on the schedule attached to the Alternative Currency Swingline Note shall not limit or otherwise affect the obligation of the Borrower to repay the Alternative Currency Swingline Advances under the Alternative Currency Swingline Note in accordance with the terms set forth herein.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Notations on the Structured Notes. (a) Each Lender Agent is hereby authorized to enter on a schedule attached to each Conduit Lender’s and each Institutional Lender’s Structured Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Advance under such Structured Note made by the applicable Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of any Lender Agent to make any such notation on the schedule attached to the applicable Structured Note shall not limit or otherwise affect the obligation of the Borrower to repay the Advances under such Structured Note in accordance with the terms set forth herein. (b) The Swingline Lender is hereby authorized to enter on a schedule attached to the Swingline Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Swingline Advance under the Swingline Note made by the Swingline Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Swingline Lender to make any such notation on the schedule attached to the Swingline Note shall not limit or otherwise affect the obligation of the Borrower to repay the Swingline Advances under the Swingline Note in accordance with the terms set forth herein. (c) The Alternative Currency Swingline Lender is hereby authorized to enter on a schedule attached to the Alternative Currency Swingline Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Alternative Currency Swingline Advance under the Alternative Currency Swingline Note made by the Alternative Currency Swingline Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any such recordation shall, absent manifest error, constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Alternative Currency Swingline Lender to make any such notation on the schedule attached to the Alternative Currency Swingline Note shall not limit or otherwise affect the obligation of the Borrower to repay the Alternative Currency Swingline Advances under the Alternative Currency Swingline Note in accordance with the terms set forth herein.[Reserved].

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital, LTD)

AutoNDA by SimpleDocs

Notations on the Structured Notes. (a) Each Lender The Deal Agent is hereby authorized to enter on a schedule attached to each Conduit Lender’s and each Institutional Lender’s Structured the VFCC Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Advance under such Structured the VFCC Note made by the applicable Conduit Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any thereof and any such recordation shall, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The failure of any Lender the Deal Agent to make any such notation on the schedule attached to the applicable Structured VFCC Note shall not limit or otherwise affect the obligation of the Borrower to repay the Advances under such Structured the VFCC Note in accordance with the their respective terms as set forth herein. (b) The Swingline Lender is hereby authorized to enter on a schedule attached to the Swingline Note a notation (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Swingline Advance under the Swingline Note made by the Swingline Lender of: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof. Any thereof and any such recordation shall, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Swingline Lender to make any such notation on the schedule attached to the Swingline Note shall not limit or otherwise affect the obligation of the Borrower to repay the Swingline Advances under the Swingline Note in accordance with the their respective terms as set forth herein.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!