Common use of Noteless Agreement; Evidence of Indebtedness Clause in Contracts

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 11 contracts

Samples: Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)

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Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Loans be evidenced by a Revolving Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Revolving Note payable to the order of such Lender. Thereafter, the Revolving Loans evidenced by such Revolving Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Revolving Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Revolving Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 7 contracts

Samples: Revolving Credit Agreement (PPL Energy Supply LLC), Five Year Credit Agreement (PPL Energy Supply LLC), Five Year Credit Agreement (PPL Electric Utilities Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the currency and amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the currency and amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Obligations in accordance with their terms; provided further, that in the event of any conflict between the accounts maintained pursuant to paragraphs (a) and (b) above, the accounts maintained by the Administrative Agent in the Register shall control. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit A (including any amendment, modification, renewal or replacement thereof, a “Note”). In such event, the each Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of such Xxxxxx’s Note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, each Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor.

Appears in 7 contracts

Samples: Credit Agreement (Aon PLC), Credit Agreement (Aon PLC), Credit Agreement (Aon PLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to the order of such LenderLender and in a form acceptable to the Borrower and the Administrative Agent. Thereafter, the Loans Advances evidenced by such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note notes for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 7 contracts

Samples: Credit Agreement (Entergy Gulf States Inc), Credit Agreement (Entergy Gulf States Inc), Credit Agreement (Entergy Gulf States Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the currency and amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the currency and amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Obligations in accordance with their terms; provided further, that in the event of any conflict between the accounts maintained pursuant to paragraphs (a) and (b) above, the accounts maintained by the Administrative Agent in the Register shall control. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit A (including any amendment, modification, renewal or replacement thereof, a “Note”). In such event, the each Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of such Lender’s Note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, each Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor.

Appears in 6 contracts

Samples: Five Year Credit Agreement (Aon PLC), Credit Agreement (Aon PLC), Five Year Credit Agreement (Aon PLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan to each Borrower made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (iii) the stated amount of each Letter of Credit and the amount of the LC Obligations outstanding at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Obligations of such Borrower in accordance with their terms. (d) Any Lender may request that its Loans to any Borrower be evidenced by a Note. In such event, the such Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 6 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc), Credit Agreement (Potomac Electric Power Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Credit Extension made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the date and the amount of each Loan Credit Extension made hereunder, the Type thereof hereunder and the Interest Period with respect Period, if any, applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and hereunder, (iii) the effective date and amount of each Assignment and Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereofthereof and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a promissory note representing its Advances substantially in the form of Exhibit A (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (DTE Electric Co), Term Loan Credit Agreement (DTE Electric Co), Term Loan Credit Agreement (DTE Electric Co)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Letter of Credit and the amount of Letter of Credit Obligations outstanding at any time and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note substantially in the form of Exhibit E (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ai) and (bii) above.

Appears in 6 contracts

Samples: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Great Plains Energy Inc), Credit Agreement (Kansas City Power & Light Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in subsections (a) and (b) above.

Appears in 6 contracts

Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Wisconsin Power & Light Co), Credit Agreement (Interstate Power & Light Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts the Register as set forth in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereofSection 12.01(c). (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of a Revolving Credit Note, a Term Note or a Swing Line Note, in each case as applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 6 contracts

Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts the Register pursuant to Section 12.3(d) and subaccounts for each Lender in which (taken together) it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts accounts, Register and subaccounts maintained pursuant to subsections (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts accounts, such Register or such subaccount, as applicable, or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any The Loans made by each Lender may shall, if requested by the applicable Lender (which request that its Loans shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note. In such event, and (ii) in the case of the Swingline Loans, by a Swingline Note, in each case appropriately completed and executed by the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Loans evidenced by such Note benefits of this Agreement and interest thereon the other Loan Documents and shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Loans once again be evidenced as described in subsections (a) and (b) abovethereof.

Appears in 5 contracts

Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to the order of such LenderLender and in a form acceptable to the Borrower and the Agent. Thereafter, the Loans evidenced by such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c12.06(b)) be represented by one or more Notes notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c12.06(b), except to the extent that any such Lender or assignee subsequently returns any such Note note for cancellation and requests that such the related Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 5 contracts

Samples: Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye Partners L P)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 5 contracts

Samples: Credit Agreement (Seitel Inc), Credit Agreement (Petroquest Energy Inc), Credit Agreement (Aetna Industries Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts the Register pursuant to Section 12.3(d) and subaccounts for each Lender in which (taken together) it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts accounts, Register and subaccounts maintained pursuant to subsections (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts accounts, such Register or such subaccount, as applicable, or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any The Loans made by each Lender may shall, if requested by the applicable Lender (which request that its Loans shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note. In such event, and (ii) in the case of the Swingline Loans, by a Swingline Note, in each case appropriately completed and executed by the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Loans evidenced by such Note benefits of this Agreement and interest thereon the other Loan Documents and shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Loans once again be evidenced as described in subsections (a) and (b) abovethereof.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to such Lender and in a form acceptable to the order of such LenderBorrower and the Administrative Agent. Thereafter, the Loans Advances evidenced by such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note notes for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 5 contracts

Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy New Orleans, LLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to the order of such LenderLender and in a form acceptable to the Borrower and the Administrative Agent. Thereafter, the Loans Advances evidenced by such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note notes for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 5 contracts

Samples: Credit Agreement (Entergy Texas, Inc.), Credit Agreement (Entergy Texas, Inc.), Credit Agreement (Entergy Texas, Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender and each Issuing Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness extensions of the Borrower to such Lender resulting from each Loan credit made by such Lender or Issuing Lender, as applicable, to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (iA) the date and the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect Period, if any, applicable thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (C) the effective date and amount of each Assignment and Assumption delivered to and accepted by it and the parties thereto pursuant to ‎Section 12.01, (iiiD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof, and (E) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent Agent, any Issuing Lender or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the its Obligations in accordance with their terms. (d) In addition to the accounts and records referred to in clauses (a) and (b) above, each Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (e) Any Lender may request that its the Loans made or to be made by it be evidenced by a promissory note in substantially the form of Exhibit D (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)‎Section 12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)‎Section 12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 5 contracts

Samples: Amendment No. 4 (RXO, Inc.), Credit Agreement (GXO Logistics, Inc.), Credit Agreement (GXO Logistics, Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) 1. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) 2. The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) 3. The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) 4. Any Lender may request that its Loans Advances be evidenced by a Noteone or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more promissory notes payable to such Lender and in a form acceptable to the order of such LenderBorrower and the Administrative Agent. Thereafter, the Loans Advances evidenced by such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note notes for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 5 contracts

Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Loan made to each Borrower hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (c) the effective date and amount of each Assignment Agreement delivered to and accepted by it pursuant to Section 12.3 and the parties thereto, (iiid) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof, and (e) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence absent manifest error of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the such Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit E (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 5 contracts

Samples: Five Year Revolving Credit Agreement (Central Illinois Public Service Co), Revolving Credit Agreement (Amerenenergy Generating Co), Credit Agreement (Ameren Energy Generating Co)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Loan made to each Borrower hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (c) the effective date and amount of each Assignment and Assumption delivered to and accepted by it pursuant to Section 12.1 and the parties thereto, (iiid) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof, and (e) all other appropriate debits and credits as provided in this Agreement, including all fees, charges, expenses and interest. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence absent manifest error of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the such Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit E (a “Note”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.1) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 5 contracts

Samples: Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co), Credit Agreement (Ameren Energy Generating Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made to each Borrower hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Ratable Loans or its Competitive Bid Loans be evidenced by a NoteRatable Notes or Competitive Bid Notes, respectively. In such event, the each Borrower shall prepare, execute and deliver to such Lender a Ratable Note or a Competitive Bid Note, as the case may be, payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 5 contracts

Samples: Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Loans be evidenced by a Revolving Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Revolving Note payable to the order of such Lender. Thereafter, the Revolving Loans evidenced by such Revolving Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c9.06(b)) be represented by one or more Revolving Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c9.06(b), except to the extent that any such Lender or assignee subsequently returns any such Revolving Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 5 contracts

Samples: 364 Day Credit Agreement (PPL Electric Utilities Corp), Credit Agreement (PPL Electric Utilities Corp), Credit Agreement (PPL Montana LLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the hereunder and Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender (including the Swing Line Lender) may request that its Loans be evidenced by a promissory note substantially in the form of Exhibit F (with appropriate changes for notes evidencing Swing Line Loans) (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ab) (i) and (bii) above.

Appears in 4 contracts

Samples: Credit Agreement (New Home Co Inc.), Credit Agreement (TRI Pointe Group, Inc.), Credit Agreement (New Home Co Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made extended hereunder, the Type thereof thereof, the name of the Borrower who requested such Loan and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall shall, absent manifest error, be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, provided however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. The Agent shall, in accordance with its regular practice, deliver to the Borrower periodic statements with respect to the accounts maintained pursuant to paragraphs (a) and (b) above. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit C (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 4 contracts

Samples: Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.), Credit Agreement

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender in substantially the order form of such Lender. Exhibit E. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee permitted pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 4 contracts

Samples: Credit Agreement (FirstCash Holdings, Inc.), Credit Agreement (Firstcash, Inc), Credit Agreement (First Cash Financial Services Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and and, if applicable, the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Administrative Agent and reasonably acceptable to the Company. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes a Note payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Cardinal Health Inc), 364 Day Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 4 contracts

Samples: Credit Agreement (First American Corp /Tn/), Credit Agreement (Interstate Energy Corp), Loan Agreement (Amrep Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, hereunder and the Class and Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Notepromissory note substantially in the form of Exhibit F-1 (in the case of Revolving Loans) or Exhibit F-2 (in the case of Term Loans). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ab) (i) and (bii) above.

Appears in 4 contracts

Samples: Modification Agreement (Tri Pointe Homes, Inc.), Modification Agreement (Tri Pointe Homes, Inc.), Modification Agreement (Tri Pointe Homes, Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made to each Borrower hereunder, the Agreed Currency and Type thereof and and, if applicable, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Letter of Credit issued for the account of, and the amount of Letter of Credit Obligations owing by, each Borrower at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 4 contracts

Samples: Long Term Credit Agreement (Bemis Co Inc), 364 Day Credit Agreement (Bemis Co Inc), 364 Day Credit Agreement (Bemis Co Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and and, if applicable, the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note (a “Note”). In such event, the relevant Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.1) be represented by one or more Notes (but not more than one Note for each Agreed Currency) payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.1, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 3 contracts

Samples: Five Year Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender and each Issuing Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness extensions of the Borrower to such Lender resulting from each Loan credit made by such Lender or Issuing Lender, as applicable, to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (iA) the date and the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect Period, if any, applicable thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (C) the effective date and amount of each Assignment and Assumption delivered to and accepted by it and the parties thereto pursuant to Section 12.01, (iiiD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof, and (E) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent Agent, any Issuing Lender or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the its Obligations in accordance with their terms. (d) In addition to the accounts and records referred to in clauses (a) and (b) above, each Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit and Swingline Loans. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (e) Any Lender may request that its the Loans made or to be made by it be evidenced by a promissory note in substantially the form of Exhibit D (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Salesforce, Inc.), Credit Agreement (Salesforce, Inc.), Credit Agreement (SALESFORCE.COM, Inc.)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Subject to Section 2.3, the Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Pulte Homes Inc/Mi/), Revolving Credit Agreement (Pulte Homes Inc/Mi/), Revolving Credit Agreement (Hovnanian Enterprises Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder from time to time hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (aSection 2.16(a) and (bSection 2.16(b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any The Advances made by each Lender may shall, if requested by the applicable Lender (which request that its Loans shall be made to the Agent), be evidenced by a Note. In such event, Note appropriately completed and executed by the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Loans evidenced by such Note benefits of this Agreement and interest thereon the other Loan Documents and shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Loans once again be evidenced as described in subsections (a) and (b) abovethereof.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof hereunder and the Series, Rate Option and Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (aSections 2.11(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided however that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Credit Ratable Loans be evidenced by a Revolving Credit Note, that its Incremental Term Loans be evidenced by an Incremental Term Note and that its Competitive Bid Loans be evidenced by a Competitive Bid Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a the Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)13.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)13.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (aSections 2.11(a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender in the order form of such LenderExhibit D-1 or D-2 or both, as applicable. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (General Dynamics Corp), Five Year Credit Agreement (General Dynamics Corp), 364 Day Credit Agreement (General Dynamics Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan Advance made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the currency in which such Advance is denominated and Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations Advances therein recorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations Borrowings in accordance with their terms. (d) Any Lender Bank may request that its Loans Advances be evidenced by a promissory note (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note or separate Notes evidencing such Syndicated Advances and Competitive Bid Advances, at such Bank’s request, payable to the order of such LenderBank in a form or forms supplied by the Administrative Agent. Thereafter, the Loans Advances evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)11.06) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)11.06, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit C (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 3 contracts

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

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bi) The Administrative Agent shall also maintain accounts the Register as set forth in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereofSection 12.1(ii)(D). (cii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (diii) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of a Revolving Credit Note, a Term A Note, a Term B Note or a Swing Line Note, in each case as applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.1) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Borrower thereof, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The Subject to Section 8.08(c), the entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender or its registered assigns. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.08) be represented by one or more Notes payable to the order of the payee named therein therein, or any assignee to its registered assigns pursuant to Section 9.06(c)8.08, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp), Credit Agreement (FirstEnergy Transmission, LLC)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Loan made hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (iiid) the effective date and amount of each Assignment Agreement delivered to and accepted by it and the parties thereto pursuant to Section 12.3, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof, and (f) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Term Loans, Revolving Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a Notepromissory notes (the "Notes") in substantially the form of Exhibit E-1 or E-2, with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note such Note(s) payable to the order of such Lender. Thereafter, the Loans evidenced by such Note Note(s) and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters Inc), Credit Agreement (Res Care Inc /Ky/)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a NoteNote or Notes. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.12 hereof) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.12 hereof, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement, Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (aSection 2.13(a) and (bSection 2.13(b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; , provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in the form of Exhibit 2.13(d) attached hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (aSection 2.13(a) and (bSection 2.13(b) above.

Appears in 3 contracts

Samples: Credit Agreement (Shaw Group Inc), Credit Agreement (Shaw Group Inc), Credit Agreement (Shaw Group Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Loan made hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (iiid) the effective date and amount of each Assignment Agreement delivered to and accepted by it and the parties thereto pursuant to Section 12.3, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof, and (f) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Term Loans, Revolving Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a Notepromissory notes (the "Notes") in substantially the form of Exhibit E-1 or E-2, with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note such Note(s) payable to the order of such Lender. Thereafter, the Loans evidenced by such Note Note(s) and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp), Credit Agreement (Roto-Rooter Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Jersey Central Power & Light Co), Credit Agreement (Jersey Central Power & Light Co), Credit Agreement (Jersey Central Power & Light Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan Advance made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Type thereof and the Interest Period Period, if any, with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderBank’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations Advances therein recorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations Borrowings in accordance with their terms. (d) Any Lender Bank may request that its Loans Advances be evidenced by a promissory note (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note or separate Notes evidencing such Advances, at such Bank’s request, payable to such Bank in a form or forms supplied by the order of such LenderAdministrative Agent. Thereafter, the Loans Advances evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)11.06) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)11.06, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans Advances once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Baxter International Inc), Credit Agreement (Baxter International Inc), Credit Agreement (Baxalta Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period Period, if any, with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained made in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded therein; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their termsthe terms hereof. (div) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes a Note payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Borrower thereof, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The Subject to Section 8.08(c), the entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the each Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Note. In such event, the each Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender and its registered assigns. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.08) be represented by one or more Notes payable to the order of the payee named therein therein, or any assignee to its registered assigns pursuant to Section 9.06(c)8.08, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (FirstEnergy Solutions Corp.), Credit Agreement (FirstEnergy Solutions Corp.), Credit Agreement (FirstEnergy Solutions Corp.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts the Register pursuant to Section 12.3(c) and subaccounts for each Lender in which (taken together) it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts accounts, Register and subaccounts maintained pursuant to subsections (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts accounts, such Register or such subaccount, as applicable, or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any The Loans made by each Lender may shall, if requested by the applicable Lender (which request that its Loans shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note. In such event, and (ii) in the case of the Swingline Loans, by a Swingline Note, in each case appropriately completed and executed by the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Loans evidenced by such Note benefits of this Agreement and interest thereon the other Loan Documents and shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Loans once again be evidenced as described in subsections (a) and (b) abovethereof.

Appears in 3 contracts

Samples: Credit Agreement (Idacorp Inc), Credit Agreement (Idacorp Inc), Credit Agreement (Idacorp Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent Agent, the European Administrative Agent, and the Canadian Administrative Agent, as applicable, shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent Agent, the European Administrative Agent, and the Canadian Administrative Agent, as applicable, hereunder from the Borrower Borrowers and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent Agent, the European Administrative Agent, the Canadian Administrative Agent, or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note substantially in the form of Exhibit E (a "Note"). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (Cameron International Corp), Credit Agreement (Cameron International Corp), Credit Agreement (Cameron International Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan the Loans made by such Lender to Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan the Loans to Borrower made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations of Borrower in accordance with their terms. (d) Any Lender may request that its Loans to Borrower be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 3 contracts

Samples: Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made extended hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, provided however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Loans be evidenced by a promissory note in substantially the form of Exhibit C (as amended, modified or supplemented from time to time, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Revolving Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (USA Compression Partners, LP), Credit Agreement (USA Compression Partners, LP), Credit Agreement (USA Compression Partners, LP)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan Advance made hereunder, the Borrower thereof, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the such Borrower to each Lender hereunder hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (c) The Subject to Section 8.08(c), the entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the each Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any Lender may request that its Loans Advances be evidenced by a Note. In such event, the each Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender or its registered assigns. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)8.08) be represented by one or more Notes payable to the order of the payee named therein therein, or any assignee to its registered assigns pursuant to Section 9.06(c)8.08, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections (a) and (b) above.

Appears in 3 contracts

Samples: Credit Agreement (FirstEnergy Transmission, LLC), Credit Agreement (FirstEnergy Transmission, LLC), Credit Agreement (Firstenergy Corp)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in substantially the form of Exhibit E hereto. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 3 contracts

Samples: Credit Agreement (Vectren Corp), Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Ch Energy Group Inc)

Noteless Agreement; Evidence of Indebtedness. (aA) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (bB) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder Bank hereunder, (c) the original stated amount of each Letter of Credit and the amount of the L/C Obligations outstanding at any time and (iiid) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s Bank's share thereof. (cC) The entries maintained in the accounts maintained pursuant to subsections (aA) and (bB) above shall be prima facie evidence of the existence and amounts of the Obligations Loans (including the principal and interest owing) therein recorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations Loans (including the principal and interest owing) in accordance with their terms. (dD) Any Bank or the Swingline Lender may request that its Loans be evidenced by a Note. In such event, each Borrower requested by such Bank or the Borrower Swingline Lender shall prepare, execute and deliver to such Lender Bank or Swingline Lender, as the case may be, a Note payable to the order of such Bank or Swingline Lender in substantially the form of Exhibit A in the case of any Bank or the form of Exhibit B in the case of the Swingline Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)this Agreement) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)this Agreement, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (aA) and (bB) above.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Masco Corp /De/), Revolving Credit Agreement (Masco Corp /De/)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts the Register pursuant to Section 12.3(c) and subaccounts for each Lender in which (taken together) it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts accounts, Register and subaccounts maintained pursuant to subsections (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts accounts, such Register or such subaccount, as applicable, or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any The Loans made by each Lender may shall, if requested by the applicable Lender (which request that its Loans shall be made to the Administrative Agent), be evidenced by a Note. In such event, appropriately completed and executed by the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Loans evidenced by such Note benefits of this Agreement and interest thereon the other Loan Documents and shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Loans once again be evidenced as described in subsections (a) and (b) abovethereof.

Appears in 2 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Idaho Power Co)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit E hereto (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

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

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit D (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Sei Corp), Credit Agreement (Sei Investments Co)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit C (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Term Loan Agreement (Enable Midstream Partners, LP), Term Loan Agreement (Oge Energy Corp.)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Letter of Credit and the amount of Letter of Credit Obligations outstanding at any time and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Northern States Power Co), Credit Agreement (Xcel Energy Inc)

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Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (First Cash Financial Services Inc), Credit Agreement (First Cash Financial Services Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that in the event of a conflict between the accounts maintained pursuant to paragraphs (a) and (b) above, the accounts maintained pursuant to paragraph (a) above shall be presumed to be correct absent demonstrable error, provided, further, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 2 contracts

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

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan the Loans made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Eurocurrency Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower each Borrower, respectively, to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence binding and conclusive evidence, absent manifest error, of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Obligations incurred by it in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a Notepromissory note in substantially the form of Exhibit D hereto. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note promissory notes payable to the order of such LenderLender in a form approved by the Agent and consistent with the terms of this Agreement. Thereafter, the Loans evidenced by such Note promissory notes and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes promissory notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note promissory note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A, with appropriate changes for notes evidencing Swing Line Loans (each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such Lender. Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Kimball International Inc), Credit Agreement (Kimball International Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Lender substantially in the form of Exhibit A. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.1) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.1, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Wrigley Wm Jr Co), Credit Agreement (Wrigley Wm Jr Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Designated Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the hereunder and Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Designated Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Designated Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note substantially in the form of Exhibit F (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender in a form supplied by the Designated Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ab) (i) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (M.D.C. Holdings, Inc.)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and hereunder, (c) the original stated amount of each (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A, with appropriate changes for notes evidencing Swing Line Loans (each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such Lender. Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Kimball International Inc), Credit Agreement (Kimball International Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Lender in the form of Exhibit E. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Revolving Credit Agreement (DPL Inc), Revolving Credit Agreement (Dayton Power & Light Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the currency and amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the currency and amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms; provided further, that in the event of any conflict between the accounts maintained pursuant to paragraphs (a) and (b) above, the accounts maintained by the Administrative Agent in the Register shall control. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit A (including any amendment, modification, renewal or replacement thereof, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of such Xxxxxx’s Note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Aon PLC), Term Loan Credit Agreement (Aon PLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note, in substantially the form of Exhibit B (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 2 contracts

Samples: Term Loan Agreement (Enable Midstream Partners, LP), Term Loan Agreement (Enable Midstream Partners, LP)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit A (including any amendment, modification, renewal or replacement thereof, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.03) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.03, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of such Lender’s Note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

Samples: Term Credit Agreement (Aon Corp), Term Credit Agreement (Aon Corp)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by one or more promissory notes (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note one or more Notes payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Loans evidenced by such Note Notes and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note Notes for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Xeta Technologies Inc), Credit Agreement (Xeta Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof hereunder and the Rate Option and Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections Sections 2.11 (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided however that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Credit Ratable Loans be evidenced by a Revolving Credit Note and that its Competitive Bid Loans be evidenced by a Competitive Bid Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a the applicable Note or Notes payable to such Lender (or its registered assigns) in a form supplied by the order of such LenderAdministrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)13.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)13.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (aSections 2.11(a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s Bank's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a promissory note or notes (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.12) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.12, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement (Jones Lang Lasalle Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Revolving Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bi) The Administrative Agent shall also maintain accounts in which it will record (iA) the date and the amount of each Revolving Loan made hereunder, the Type thereof and the Interest Period with respect Period, if any, applicable thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (C) the effective date and amount of each Assignment and Assumption delivered to and accepted by it and the parties thereto pursuant to Section 12.01, (iiiD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof, and (E) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest and (ii) each Lender shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its the Revolving Loans made or to be made by it be evidenced by a promissory note in substantially the form of Exhibit E (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Walgreen Co), Credit Agreement (Walgreen Co)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender -------------------------------------------- shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Subsidiary Borrower to such Lender resulting from each Subsidiary Borrower Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Subsidiary Borrower Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Subsidiary Borrower to each Lender hereunder hereunder, and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Subsidiary Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Subsidiary Borrower Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Subsidiary Borrower to repay the Subsidiary Borrower Obligations in accordance with their terms. (div) Any Lender may request that its Subsidiary Borrower Loans be evidenced by a promissory note (a "Note"). In such event, the Subsidiary Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Subsidiary Borrower Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Subsidiary Borrower Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Related Facility Credit Agreement (Qad Inc), Related Facility Credit Agreement (Qad Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender (including the Swing Line Lender) shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)9.8) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)9.8, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (National Data Corp), Credit Agreement (Global Payments Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) . The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender’s 's share thereof. (c) . The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Obligations in accordance with their terms. (d) . Any Lender may request that its Loans be evidenced by a promissory note (a "Note") substantially in the form of Exhibit E, or such other form as each Lender may reasonably require. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)14.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)

Noteless Agreement; Evidence of Indebtedness. (a) Each The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such the Lender resulting from each Loan made by such the Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof hereunder and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each the Lender hereunder and (iii) the amount of any sum received by the Administrative Agent Lender hereunder from the Borrower and each Lender’s share thereofBorrower. (cb) The entries maintained in the accounts maintained pursuant to subsections paragraph (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (dc) Any The Lender may request that its Revolving Loans be evidenced by a Revolving Note. In such event, the Borrower shall prepare, execute and deliver to such the Lender a Revolving Note payable to the order of such the Lender. Thereafter, the Revolving Loans evidenced by such Revolving Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Revolving Notes payable to the order of the payee named therein (or any assignee pursuant to Section 9.06(cassignee), except to the extent that any such either the Lender or an assignee subsequently returns any such Revolving Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraph (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (PPL Electric Utilities Corp), Credit Agreement (PPL Electric Utilities Corp)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Designated Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the hereunder and Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Designated Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Designated Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender (including the Swing Line Lender) may request that its Loans be evidenced by a promissory note substantially in the form of Exhibit F (with appropriate changes for notes evidencing Swing Line Loans) (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender in a form supplied by the Designated Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ab) (i) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bi) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (in the case of a Eurodollar Advance) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (cii) The entries maintained in the accounts maintained pursuant to subsections paragraph (a) and (bi) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (diii) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit E (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Term Loan Agreement (Oge Energy Corp.), Term Loan Agreement (Oge Energy Corp.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of Exhibit A (including any amendment, modification, renewal or replacement thereof, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (a) and (b) above. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of such Lender’s Note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, the Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor.

Appears in 2 contracts

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

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof hereunder and the LIBOR Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Note. Note appropriately completed in substantially the form of Exhibit A. In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such Lender. Thereafter, the Loans evidenced by any such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)10.9) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)such Notes, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 2 contracts

Samples: Term Loan Agreement, Credit Agreement (Grainger W W Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each LenderXxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Revolving Credit Agreement, Revolving Credit Agreement

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan the Revolving Advances made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (iA) the amount of each Loan Revolving Advance made hereunder, the Type thereof and the Interest Period with respect thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiiC) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie conclusive evidence of the existence and amounts of the Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans the Revolving Advances owing to such Lender be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender and its registered assigns. Thereafter, the Loans Revolving Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)10.06) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)10.06, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Revolving Advances once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Diamondback Energy Services, Inc.), Credit Agreement (Diamondback Energy Services, Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) Each The Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such the Lender resulting from each Loan Advance made by such the Lender from time to time, including the amounts of principal and interest payable and paid to such the Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof.[Reserved] (c) The entries maintained in the accounts maintained pursuant to subsections subsection (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations such obligations in accordance with their terms. (d) Any The Lender may request that its Loans Advances be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such the Lender a Note payable to the order of such LenderLender and its registered assigns. Thereafter, the Loans Advances evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein therein, or any assignee to its registered assigns pursuant to Section 9.06(c)8.08, except to the extent that any such the Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans Borrowings once again be evidenced as described in subsections subsection (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (FirstEnergy Solutions Corp.), Credit Agreement

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid to such Lender Bank from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s Bank's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie PRIMA FACIE evidence of the existence and amounts of the Obligations therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of the Administrative Agent or any Lender Bank to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender Bank may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender Bank a Note payable to the order of such LenderBank in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.12) be represented by one or more Notes such Note payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.12, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 2 contracts

Samples: Term Loan Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender and each Issuing Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness extensions of the Borrower to such Lender resulting from each Loan credit made by such Lender or Issuing Lender, as applicable, to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (iA) the date and the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect Period, if any, applicable thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (C) the effective date and amount of each Assignment and Assumption delivered to and accepted by it and the parties thereto pursuant to Section 12.01, (iiiD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof, and (E) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent Agent, any Issuing Lender or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the its Obligations in accordance with their terms. (d) In addition to the accounts and records referred to in clauses (a) and (b) above, each Lender and the Administrative Agent shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Letters of Credit. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error. (e) Any Lender may request that its the Loans made or to be made by it be evidenced by a promissory note in substantially the form of Exhibit D (each, a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Dick's Sporting Goods, Inc.), Credit Agreement (GXO Logistics, Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof hereunder and the Rate Option and Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (aSections 2.11(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided however that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Term Loans be evidenced by a Term Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a the applicable Note or Notes payable to such Lender (or its registered assigns) in a form supplied by the order of such LenderAdministrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)13.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)13.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (aSections 2.11(a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in the form of Exhibit C-1 and/or C-2, as applicable. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b) above.

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts the Register pursuant to Section 12.3(c) and subaccounts for each Lender in which (taken together) it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (c) The entries maintained in the accounts accounts, Register and subaccounts maintained pursuant to subsections (aSections 2.12(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts accounts, such Register or such subaccount, as applicable, or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any The Loans made by each Lender may shall, if requested by the applicable Lender (which request that its Loans shall be made to the Administrative Agent), be evidenced (i) in the case of Revolving Loans, by a Revolving Note. In such event, and (ii) in the case of the Swingline Loans, by a Swingline Note, in each case appropriately completed and executed by the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Loans evidenced by such Note benefits of this Agreement and interest thereon the other Loan Documents and shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Loans once again be evidenced as described in subsections (a) and (b) abovethereof.

Appears in 2 contracts

Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof Agreed Currency for such Loan and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Letter of Credit and the amount of obligations in respect thereof outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie rebuttably presumptive evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender (including the Swing Line Lender) may request that its Loans be evidenced by a Note. In such eventNotes related to Revolving Loans shall be substantially in the form of Exhibit A hereto, and Notes related to Swing Loans shall be substantially in the form of Exhibit B hereto. The Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order or Notes in favor of such LenderLender as supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order in favor of the payee named therein or any assignee pursuant to Section 9.06(c)therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ab) (i) and (bii) above.

Appears in 2 contracts

Samples: Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (c) the original stated amount of each Letter of Credit and the amount of Letter of Credit Obligations outstanding at any time and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note substantially in the form of Exhibit D (a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c12.1(b)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c12.1(b), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Ipc Holdings LTD), Credit Agreement (Ipc Holdings LTD)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder hereunder, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Loans be evidenced by a promissory note, representing its Loans substantially in the form of Exhibit D (each a “Note”). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, Lender in a form supplied by the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (a) and (b) aboveAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Shea Homes Limited Partnership), Credit Agreement (Shea Homes Limited Partnership)

Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (bii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s 's share thereof. (ciii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (div) Any Lender may request that its Loans be evidenced by a promissory note in substantially the form of EXHIBIT E (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender a such Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)SECTION 12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)SECTION 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Houghton Mifflin Co), Credit Agreement (Houghton Mifflin Co)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall 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 from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof hereunder and the Series, Rate Option and Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (aSections 2.11(a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided however that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) Any Lender may request that its Revolving Credit Ratable Loans be evidenced by a Revolving Credit Note and that its Competitive Bid Loans be evidenced by a Competitive Bid Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a the Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)13.2) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)13.2, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections (aSections 2.11(a) and (b) above.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Loan made by such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. In addition, each Lender shall maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by such Lender of participations in Swing Line Loans. (b) The Administrative Agent shall also maintain accounts in which it will record (iA) the date and the amount of each Loan made hereunder, the Type thereof and the Interest Period with respect applicable thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder hereunder, (C) the effective date and amount of each Assignment and Assumption delivered to and accepted by it and the parties thereto pursuant to ‎Section 12.01, (iiiD) the amount of any sum received by the Administrative Agent hereunder from the each applicable Borrower and each Lender’s share thereof, and (E) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest. The Administrative Agent shall also maintain in accordance with its usual practice accounts or records evidencing the purchases and sales by each Lender of participations in Swing Line Loans. In the event of any conflict between the accounts and records maintained by the Administrative Agent and the accounts and records of any Lender in respect of such matters, the accounts and records of the Administrative Agent shall control absent manifest error. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b‎(b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the each Borrower to repay the its Obligations in accordance with their terms. (d) Any Lender may request that its the Loans made or to be made by it be evidenced by a promissory note in substantially the form of (i) with respect to Loans or Loans, Exhibit C-1 (each, a “Revolving Note”) and (ii) with respect to Swing Line Loans, Exhibit C-2 (each, a “Swing Line Note”). In such event, the each applicable Borrower shall prepare, execute and deliver to such Lender a such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 9.06(c)‎Section 12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 9.06(c)‎Section 12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Loans once again be evidenced as described in subsections clauses (a) and (b‎(b) above.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)

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