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 Credit 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms. (d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 14 contracts
Samples: Credit Agreement (Dte Energy Co), Credit Agreement (Detroit Edison Co), Five Year Credit Agreement (Detroit Edison 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 Revolving Credit 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance 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 Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 14 contracts
Samples: Five Year Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co), Five Year Credit Agreement (Dte Energy 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivc) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06(c), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 13 contracts
Samples: Revolving Credit Agreement (LG&E & KU Energy LLC), Revolving Credit Agreement (LG&E & KU Energy LLC), Revolving Credit Agreement (LG&E & KU Energy 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 Revolving Credit Advance Loan made by such Lender 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, Period 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A C (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 12 contracts
Samples: Delayed Draw Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Delayed Draw Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Extension made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance 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 Agent hereunder from the Borrower and each Lender's ’s share thereof, (v) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (vvi) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 8 contracts
Samples: Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric 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 Revolving Credit 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 date and the amount of each Revolving Credit Advance made hereunder hereunder, the Type thereof and the Interest Period, Period (if any, applicable ) 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 effective date and amount of each Assignment and Acceptance 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 thereof, 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 clauses subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 such obligations in accordance with their terms.
(d) . Any Lender may request that its Revolving Credit Advances be evidenced by a one or more promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note")notes. In such event, the Borrower shall prepare, execute and deliver to such Lender such 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 Revolving Credit Advances evidenced by each such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 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 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note notes for cancellation and requests that such Revolving Credit Advances Borrowings once again be evidenced as described in clauses subsections (a) and (b) above.
Appears in 5 contracts
Samples: Credit Agreement (Entergy Gulf States Inc), Credit Agreement (Entergy New Orleans Inc), Credit Agreement (Entergy Arkansas 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 Credit Advance Loan made by such Lender 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, Period 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A E (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the original stated amount of each Facility LC and the amount of LC Obligations (including specifying Reimbursement Obligations) outstanding at any time, (d) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ive) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vf) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D 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 such Note payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 5 contracts
Samples: Five Year Revolving Credit Agreement (United Stationers Inc), Five Year Revolving Credit Agreement (United Stationers Inc), Five Year Revolving Credit Agreement (United Stationers 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder Loan extended hereunder, the Type thereof, the name of the Borrower who requested such Loan and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall shall, absent manifest error, be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, provided however, that the failure of the 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 such obligations 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 Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A C (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 4 contracts
Samples: Credit Agreement (Star Gas Partners Lp), Credit Agreement (Star Gas Partners Lp), Credit Agreement (Star Gas Partners Lp)
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the type thereof and the Interest Period, if any, applicable 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 and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivc) the amount of any sum received by the Agent hereunder from the each Borrower and each LenderBank's share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(cC) The entries maintained in the accounts maintained pursuant to clauses paragraphs (aA) and (bB) above shall be prima facie evidence of the existence and amounts of the obligations hereunder Loans (including the principal and under the Notes interest owing) therein recorded; provided, however, that the failure of the 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 such obligations the Loans (including the principal and interest owing) in accordance with their terms.
(dD) Any Lender Bank may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the each Borrower requested by such Bank shall prepare, execute and deliver to such Lender such Bank a Note payable to the order of such Lender. Bank in substantially the form of Exhibit A. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07this Agreement) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07this Agreement, except to the extent that any such Lender Bank or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (aA) and (bB) above.
Appears in 4 contracts
Samples: 364 Day Revolving Credit Agreement (Masco Corp /De/), 364 Day Revolving Credit Agreement (Masco Corp /De/), 364 Day Revolving Credit Agreement (Masco Corp /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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original face amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recordedrecorded absent manifest error; provided, however, provided that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note note, or in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, in substantially in the form of Exhibit A C with applicable changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 4 contracts
Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.), Credit 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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest 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, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivd) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof, and (vf) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, 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 such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Applebees International Inc), Revolving Credit Agreement (Applebees International Inc), Revolving Credit Agreement (Applebees 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (d) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ive) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vf) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A E (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such the appropriate Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 4 contracts
Samples: Credit Agreement (Tesoro Corp /New/), Credit Agreement (Tesoro Corp /New/), Credit Agreement (Tesoro Corp /New/)
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 Borrowers to such Lender resulting from each Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder and Type thereof and the Interest Period, if any, applicable Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) The Register and the corresponding entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender (including the Swing Line Lender) may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances Loans, substantially in the form of Exhibit A E (each, with appropriate changes for notes evidencing Swing Line Loans) (a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note payable to such Lender in a form supplied by the order of such LenderAdministrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab)(i) and (bii) above.
Appears in 4 contracts
Samples: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest 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 Revolving Credit 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 date and the amount of each Revolving Credit Advance made hereunder hereunder, the Type thereof and the Interest Period, Period (if any, applicable ) 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 effective date and amount of each Assignment and Acceptance 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 ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) The Subject to Section 8.08(c), the entries maintained in the accounts maintained pursuant to clauses subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such LenderLender and its registered assigns. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.078.08(b)) 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 8.078.08(b), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses subsections (a) and (b) above.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Firstenergy Corp), Term Loan Credit Agreement (Firstenergy Corp), Term Loan 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 each Borrower to such Lender resulting from each Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder to each Borrower hereunder, the Type thereof and the Interest Period, if any, applicable 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 each Borrower to each Lender hereunder, (iii) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it pursuant to Section 12.1 and the parties thereto pursuant to Section 8.07thereto, (iv) the amount of any sum received by the Agent hereunder from the each Borrower and each Lender's ’s share thereof, thereof and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, including all fees, charges, expenses and interest.
(c) The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) above shall be prima facie evidence absent manifest error of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the applicable Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.1) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 4 contracts
Samples: Credit Agreement (Ameren Illinois Co), Credit Agreement (Ameren Illinois Co), Credit Agreement (Union Electric 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 Borrowers to such Lender resulting from each Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Agreed Currency and Interest Period, Period (if any, applicable ) 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E-1, with appropriate changes for notes evidencing Swing Line Loans, or representing its Term Loans substantially in the form of Exhibit E-2 (each, each a "“Note"”). In such event, the applicable Borrower or Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to such Lender in a form supplied by the order of such LenderAgent. Thereafter, the Revolving Credit Advances Loans evidenced by each any such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 3 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp)
Noteless Agreement; Evidence of Indebtedness. (a) Each 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 Revolving Credit Advance credit made by such Lender Lender, 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) [Reserved].
(e) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 3 contracts
Samples: Credit Agreement (SALESFORCE.COM, Inc.), Credit Agreement (Salesforce Com 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original face amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recordedrecorded absent manifest error; provided, however, provided that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note note, or in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, in substantially in the form of Exhibit A C with applicable changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 3 contracts
Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.), Credit 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Borrowing Date, the Agreed Currency and the Type thereof and any Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, thereof and (v) all other appropriate debits and credits as provided the amount of any increase or decrease in this Agreement, including, without limitation, all fees, charges, expenses and interestthe Aggregate Commitment pursuant to Section 2.01.2 or 2.06.
(c) The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their termsterms or the rights of the Borrower to borrow in accordance with the terms and conditions of this Agreement.
(d) Any Lender may request that its Revolving Credit Advances Ratable Loans, Competitive Bid Loans or Swing Line Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (eachRatable Notes, a "Note")Competitive Bid Notes or Swing Line Notes, respectively. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.079.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee Assignee pursuant to Section 8.079.06(c), except to the extent that any such Lender or assignee Assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above. Each reference in this Agreement to the “Note” of such Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
Appears in 3 contracts
Samples: Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Class, Agreed Currency and Type thereof and the Interest Period, if any, applicable Period (in the case of a Eurocurrency 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, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (iv) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vvi) 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Term Loans, Revolving Credit Advances Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a promissory note representing its Revolving Credit Advances notes (the “Notes”) in substantially in the form of Exhibit A C (eachin the case of Term Loans) or Exhibit D (in the case of Revolving Loans and/or Swing Line Loans), a "Note")with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note Note(s) payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above. No such substitutions, amendments and restatements shall constitute or effect a repayment, refinancing or novation of the amounts evidenced by the Notes but rather a modification and substitution of their respective terms.
Appears in 3 contracts
Samples: Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable Period (in the case of an 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, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, and (ve) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence absent manifest error of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A E (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 3 contracts
Samples: Five Year Revolving Credit Agreement (Union Electric Co), Revolving Credit Agreement (Union Electric Co), Three Year Revolving Credit Agreement (Amerenenergy 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 Borrower Borrowers to such Lender resulting from each Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Agreed Currency and Interest Period, Period (if any, applicable ) 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E-1, with appropriate changes for notes evidencing Swing Line Loans, or representing its Term Loans substantially in the form of Exhibit E-2 (each, each a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each any such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 3 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp), Credit Agreement (Actuant 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 each Borrower to such Lender resulting from each Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans, Swing Line Loans and Term Loans, respectively, substantially in the form of Exhibit A E-1 and E-3 in the case of the Domestic Borrowers or Exhibit E-2 and E-4, in the case of any Foreign Borrower, with appropriate changes for notes evidencing Swing Line Loans and notes evidencing 2020 Incremental Term Loans (each, each a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab) (i) and (bii) above.
Appears in 3 contracts
Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.), Credit Agreement (Polaris 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 Credit 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 3 contracts
Samples: Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan (including any Swing Line Loan) made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Letter of Credit and the parties thereto pursuant to Section 8.07, amount of Letter of Credit Obligations outstanding at any time and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A D (each, a "“Revolving Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.1(b)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.1(b), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above. The Swing Line Loans shall be evidenced by a promissory note substantially in the form of Exhibit E (the “Swing Line Note”).
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 Borrowers to such Lender resulting from each Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the any Borrower to each Lender hereunder, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0713.3, (ivd) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, and (vf) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under Obligations therein recorded in the Notes therein recordedabsence of 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Acuity Brands Inc), 5 Year Revolving Credit Agreement (Zep 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Extension made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, (v) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (vvi) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy 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 Revolving Credit 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.
(bii) The Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Michigan Consolidated Gas Co /Mi/)
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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(ciii) The entries maintained made in the accounts maintained pursuant to clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recordedObligations recorded 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 such obligations the Obligations in accordance with their termsthe terms hereof.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Revolving Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Revolving Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes a Revolving Note payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Revolving Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
(v) The Swingline Loans shall be evidenced by a Swingline Note executed by the Borrower to the order of the Swingline Lender.
Appears in 2 contracts
Samples: Credit Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Sound Energy Inc)
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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note notes representing its Revolving Credit Advances Loans, Term Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Revolving Loans, Term Loans or Swing Line Loans (each, each a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab) (i) and (bii) above.
Appears in 2 contracts
Samples: Credit Agreement (Plexus Corp), Omnibus Amendment (Plexus 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note note, or in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, in substantially in the form of Exhibit A E with applicable changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 2 contracts
Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (OGE Enogex Partners L.P.)
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 Revolving Credit 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 date and the amount of each Revolving Credit Advance made hereunder hereunder, the Borrower thereof, the Type thereof and the Interest Period, Period (if any, applicable ) 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, and (iii) the effective date and amount of each Assignment and Acceptance 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 each Borrower and each Lender's ’s share thereof, 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 clauses subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 each Borrower to repay such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the each Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.078.08) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.078.08, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Borrowings once again be evidenced as described in clauses subsections (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Jersey Central Power & Light Co)
Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an so long as any Obligations remain outstanding a current account or accounts evidencing the Borrower’s indebtedness of the Borrower to such Lender resulting that results from each Revolving Credit Advance 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 Lender. Agent shall also maintain accounts in which it will record records (i) the date and the amount of each Revolving Credit Advance made hereunder Loan, the Agreed Currency and Type of each Loan, and the Interest Period, if any, applicable theretoPeriod with respect to each Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunderunder this Agreement, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the Borrower under this Agreement and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) of such amount. The entries maintained in the accounts maintained pursuant to clauses (a) and (b) above this Section 2.5 shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recordedObligations recorded in those accounts; provided, however, provided that the failure of the Agent or any Lender to maintain such accounts or any error therein in such accounts shall not in any manner affect the Borrower’s obligation of the Borrower to repay such obligations the Obligations in accordance with their terms.
(d) the terms of this Agreement. Any Lender may has the right to request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of Swingline Lender, promissory notes, representing its Revolving Credit Advances Loans, Term Loans, and/or Swingline Loans, as applicable, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swingline Loans or Term Loans (each, each a "“Note"”). In such eventIf any Lender requests that its Loans be evidenced by a Note, the Borrower shall prepare, execute sign, and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon on such Loans shall at all times (including after prior to any assignment pursuant to Section 8.079.5.c) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07in such Note, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) abovethe preceding sentences of this Section 2.5.
Appears in 2 contracts
Samples: Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder and the Interest Period, if any, applicable theretoType thereof, (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 effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie FACIE evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "NoteNOTE"). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such LenderLender in a form supplied by the Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07SECTION 12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07SECTION 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (State Auto Financial Corp), Credit Agreement (State Auto Financial 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 Borrowers to such Lender resulting from each Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder and Type thereof and the Interest Period, if any, applicable thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the any Borrower to each Lender hereunder, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0713.3, (ivd) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's share thereof, and (vf) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under Obligations therein recorded in the Notes therein recordedabsence of 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swing Line Loans (each, a "NoteNOTE"). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (L&c Spinco Inc), Revolving Credit Agreement (Acuity Brands 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Extension made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, (v) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (vvi) 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 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 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 such obligations Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (Dte Energy Co), Credit Agreement (Dte Energy 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 the Revolving Credit Advance Advances or Bridge 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 date and the amount of each Revolving Credit Advance and Bridge Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, hereunder and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivC) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender's ’s share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its the Revolving Credit Advances or Bridge Loans, as applicable, owing to such Lender be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the each Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such LenderLender and its registered assigns. Thereafter, the Revolving Credit Advances or Bridge Loans, as applicable, evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.06) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0710.06, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances or Bridge Loans, as applicable, once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 2 contracts
Samples: Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, 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 clauses PARAGRAPHS (a) and (b) above shall be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit EXHIBIT A (eachincluding any amendment, modification, renewal or replacement thereof, a "NoteNOTE"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07SECTION 12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07SECTION 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses 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: 364 Day 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 each Borrower to such Lender resulting from each Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan to each Borrower made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and stated amount of each Assignment and Acceptance delivered to and accepted by it Letter of Credit and the parties thereto pursuant to Section 8.07, amount of the LC Obligations outstanding at any time and (iv) the amount of any sum received by the Agent hereunder from the each Borrower and each Lender's ’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, provided that the failure of the 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 obligations Borrower in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans to any Borrower be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the such Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 2 contracts
Samples: Fourth Amendment to Second Amended and Restated Credit Agreement (Baltimore Gas & Electric Co), 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 Revolving Credit 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance 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 Agent hereunder from the Borrower and each Lender's Xxxxxx’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E-1 in the case of the Company or Exhibit E-2, in the case of any Foreign Borrower, with appropriate changes for notes evidencing Swing Line Loans (each, each a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab) (i) and (bii) above.
Appears in 2 contracts
Samples: Amendment Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn)
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, . The Borrower's obligation on the Swing Loans shall be recorded as loans and (v) all other appropriate debits advances made by the Agent in accordance with its customary accounting practices. The Agent is authorized to record advances and credits interest on the Swing Loans and repayments of the Swing Loans in its books and records and the net balance reflected in such records shall be controlling absent manifest error as provided in this Agreement, including, without limitation, all fees, charges, expenses and interestto the Borrower's indebtedness with respect to Swing Loans.
(ciii) The entries maintained in the accounts maintained pursuant to clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded, absent manifest error; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.03) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.03, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 2 contracts
Samples: Credit Agreement (Miller Mechanical Contractors Inc), Credit Agreement (American Plumbing & Mechanical 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A (eacha “Revolving Credit Note”) (or, a "Note"in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Loans and Swing Line Loans, with appropriate changes for notes evidencing Swing Line Loans). In such event, the Borrower shall prepare, execute and deliver to such Lender such Revolving Credit Note payable to the order of such Lender. Thereafter, the Loans evidenced by such Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Revolving Credit Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Revolving Credit Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (Midas Inc), Credit Agreement (Midas 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the original stated amount of each Facility LC and the amount of LC Obligations (including specifying Reimbursement Obligations) outstanding at any time, (d) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ive) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vf) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D 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 such Note payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 2 contracts
Samples: Five Year Revolving Credit Agreement, Five Year Revolving Credit Agreement (United Stationers 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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A B, with appropriate changes for notes evidencing Swing Line Loans (each, each a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.1) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.1, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 2 contracts
Samples: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Lancaster Colony Corp)
Noteless Agreement; Evidence of Indebtedness. (a) Each Lender and each Secondary Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from or such Secondary Lender, as applicable, in respect of each Revolving Credit Advance made funded by such Lender it, from time to time, including the amounts of principal and interest payable Yield thereon and paid to such Lender or Secondary Lender, as applicable, from time to time hereunder.
(b) The Program Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder funded by the Lenders and the Interest Period, if any, applicable Secondary Lenders and the Settlement Period with respect thereto, (ii) the amount of any principal or interest and Yield due and payable or to become due and payable from the Borrower to each Lender and Secondary Lender hereunder, and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Program Agent hereunder from the Borrower and each Lender's and Secondary Lender's share thereof. If consent of the Majority Banks is required by the terms of this Agreement for any action or inaction then being taken or not taken under this Agreement, then upon the written request of the Borrower, the Program Agent shall use reasonable efforts to as promptly as possible notify the Borrower (i) of the Commitment (as defined in the Asset Purchase Agreement) of each Secondary Lender in its capacity as a purchaser under the Asset Purchase Agreement, (ii) if any Secondary Lender constitutes a Defaulting Bank, and (viii) all other appropriate debits of the outstanding principal amount of the Advances of each Lender and credits as each Secondary Lender; provided, that the Program Agent shall have no liability for any error in any notice provided by it pursuant to this Section 2.03(b) or for any delay in this Agreement, including, without limitation, all fees, charges, expenses and interestproviding such notice.
(c) The entries maintained in the accounts maintained pursuant to clauses (a) and (b) above of this Section 2.03 shall be prima facie rebuttable presumptive evidence of the existence and amounts of the obligations hereunder and under the Notes Borrower Obligations therein recordedrecorded (absent manifest error); provided, however, that the failure of the Agent Program Agent, any Lender or any Secondary Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Borrower Obligations in accordance with their terms.
(d) Any Conduit Lender and any Secondary Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "an Advance Note"). In such event, the Borrower shall (as soon as reasonably practicable) prepare, execute and deliver to such Conduit Lender such or Secondary Lender, as applicable, an Advance Note payable to the order of such Conduit Lender or Secondary Lender, as applicable. Thereafter, the Revolving Credit Advances evidenced by each such Advance Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06) be represented by one or more Advance Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06, except to the extent that any such Conduit Lender, Secondary Lender or assignee subsequently returns to the Borrower any such Advance Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) aboveof this Section 2.03. In connection with any assignment pursuant to Section 9.06, if such assigning Secondary Lender shall have an Advance Note issued to it, such assigning Secondary Lender shall promptly return its Advance Note to the Borrower marked "cancelled".
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund), Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund)
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 Credit Advance Loan made by such Lender 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, Period 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.07Section 12.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof, and (vE) 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 clauses (a) and (b(b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A C (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07Section 12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07Section 12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in 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.)
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 Revolving Credit Advance Loan and Competitive Bid 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, and the Funding Period or Interest Period, if any, applicable 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 and (iii) the effective date and amount of each Assignment and Acceptance 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 any Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms. In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A (each, and that its Competitive Bid Loans be evidenced by a "Note"). promissory note in substantially the form set forth in Exhibit B. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.14) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.14, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Air Products & Chemicals Inc /De/), Revolving Credit Agreement (Air Products & Chemicals 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 Borrower to such Lender resulting from each Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "“Revolving Credit Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Revolving Credit Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Revolving Credit Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by one or more Revolving Credit Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Lender or assignee subsequently returns any such Revolving Credit Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 2 contracts
Samples: Credit Agreement (Navigators Group Inc), Credit Agreement (Navigators Group 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 Revolving Credit Advance Loan and Competitive Bid 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, and the Funding Period or Interest Period, if any, applicable 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 and (iii) the effective date and amount of each Assignment and Acceptance 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 any Borrower and each Lender's ’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms. In the event of any conflict between the accounts and records maintained by any Lender and the accounts and records of the Administrative Agent in respect of such matters, the accounts and records of the Administrative Agent shall control in the absence of manifest error.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A (each, and that its Competitive Bid Loans be evidenced by a "Note"). promissory note in substantially the form set forth in Exhibit B. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.14) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.14, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 1 contract
Samples: Revolving Credit Agreement (Air Products & Chemicals 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date amount of each Loan made hereunder, the Type thereof and the Interest Period with respect thereto and the amount of each Revolving Credit Advance Swing Line Loan made hereunder and the Interest Period, if any, applicable theretohereunder, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender and the Swing Line Lender hereunder, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07, amount of LC Exposure at any time and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, thereof and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interestthe amount thereof paid to the Swing Line Lender.
(ciii) The entries maintained in the accounts maintained pursuant to clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the Agent or any Lender (or the Swing Line Lender) to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.1) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
Samples: Credit Agreement (Ryland 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recordedrecorded absent manifest error; provided, however,however , that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note note, or in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, in substantially in the form of Exhibit A E with applicable changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
Samples: Credit 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 each Borrower to such Lender resulting from each Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable Period and selection of Agreed Currency 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the a Borrower and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) Paragraphs (a) and (b) above and the entries maintained in the accounts maintained pursuant thereto shall be deemed notes of the Borrower issued pursuant to this Agreement. The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a an additional promissory note or, in the case of the Swing Line Lender, additional promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A (eachC, a "Note")with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such additional Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.1) be represented by one or more additional Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.1, except to the extent that any such Lender or assignee subsequently returns any such additional Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 1 contract
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 Revolving Credit Advance made to such Borrower 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder to each Borrower, the Class and Type thereof and the Interest Period, Period (if any, applicable ) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the by each Borrower to each Lender hereunder, and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the each Borrower and each Lender's ’s share thereof, 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 clauses (aSection 2.16(a) and (bSection 2.16(b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any The Advances of each Class made by each Lender may shall, if requested by the applicable Lender (which request that its Revolving Credit Advances shall be made to the Agent), be evidenced (i) in the case of Revolving Advances, by a promissory note representing its Revolving Credit Advances substantially Note, and (ii) in the form case of Exhibit A (eachthe Swingline Advances, by a "Swingline Note"). In such event, in each case appropriately completed and executed by the applicable Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, Each Note shall be entitled to all of the Revolving Credit Advances evidenced by each 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 8.07) be represented by one or more Notes payable subject to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation provisions hereof and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) abovethereof.
Appears in 1 contract
Samples: Five Year Master Credit Agreement (Wisconsin 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 Revolving Credit Advance Loan made by such Lender from time to time, including the Class of each Loan and 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 amount and Class of each Revolving Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (ii) the amount of each Revolving Credit Advance Foreign Currency Swing Loan made hereunder and the Interest Period, if any, applicable Appropriate Foreign Currency with respect thereto, (iiiii) the amount of each Euro Swing Loan made hereunder, (iv) the amount of each U.S. Swing Loan made hereunder, (v) 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 effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivvi) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) The Absent manifest error, the entries maintained in the accounts maintained pursuant to clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms. In the event of any conflict between the accounts maintained by the Administrative Agent and the accounts of any Lender, the accounts of the Administrative Agent shall control in the absence of manifest error.
(d) Any Revolving Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A E (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Revolving Lender such Note payable to the order of such Revolving Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Revolving Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 1 contract
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 Borrowers to such Lender resulting from each Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the any Borrower to each Lender hereunder, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0713.3, (ivd) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, and (vf) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under Obligations therein recorded in the Notes therein recordedabsence of 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 such obligations the Obligations arising under the Loan Documents in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
Appears in 1 contract
Samples: Credit Agreement (Acuity Brands 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable Period and selection of Agreed Currency 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the a Borrower and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) Paragraphs (a) and (b) above and the entries maintained in the accounts maintained pursuant thereto shall be deemed notes of the Borrower issued pursuant to this Agreement. The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a an additional promissory note or, in the case of the Swing Line Lender, additional promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A (eachC, a "Note")with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such additional Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.1) be represented by one or more additional Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.1, except to the extent that any such Lender or assignee subsequently returns any such additional Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 1 contract
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 Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder and the Interest Period, if any, applicable theretohereunder, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances note, substantially in the form of Exhibit A F (each, each a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab) (i) and (bii) above.
Appears in 1 contract
Noteless Agreement; Evidence of Indebtedness. (a) Each Lender and each Secondary Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender or Secondary Lender, as applicable, resulting from each Revolving Credit Advance made by such Lender or Secondary Lender, as applicable, from time to time, including the amounts of principal and interest payable Yield thereon and paid to such Lender or Secondary Lender, as applicable, from time to time hereunder.
(b) The Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest Period, if any, applicable Settlement Period with respect thereto, (ii) the amount of any principal or interest and Yield due and payable or to become due and payable from the Borrower to each Lender hereunder, and each Secondary Lender hereunder and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s and each Secondary Lender’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie rebuttable presumptive evidence of the existence and amounts of the obligations hereunder and under the Notes Borrower Obligations therein recorded; provided, however, that the failure of the Agent Agent, any Lender or any Secondary Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Borrower Obligations in accordance with their terms.
(d) Any Lender and any Secondary Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "an Advance Note"). In such event, the Borrower shall promptly prepare, execute and deliver to such Lender such or Secondary Lender, as applicable, an Advance Note payable to the order of such Lender or Secondary Lender, as applicable. Thereafter, the Revolving Credit Advances evidenced by each such Advance Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06) be represented by one or more Advance Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06, except to the extent that any such Lender or assignee subsequently returns any such Advance Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses paragraphs (a) and (b) above. In connection with any assignment pursuant to Section 9.06, if such assigning Secondary Lender shall have an Advance Note issued to it, such assigning Secondary Lender shall promptly return its Advance Note to the Agent marked “cancelled”.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (BlackRock Defined Opportunity Credit Trust)
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 Revolving Credit Advance 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 (iA) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, Period 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the each applicable Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A C (each, a "“Note"”). In such event, the each applicable Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 1 contract
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, 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 Revolving Credit 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 date and the amount of each Revolving Credit Advance made hereunder hereunder, the Borrower thereof, the Type thereof and the Interest Period, Period (if any, applicable ) 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, and (iii) the effective date and amount of each Assignment and Acceptance 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 each Borrower and each Lender's ’s share thereof, 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 clauses subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 each Borrower to repay such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a one or more promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note")notes. In such event, the each Borrower shall prepare, execute and deliver to such Lender such Note one or more promissory notes payable to such Lender and in a form acceptable to such Borrower and the order of such LenderAdministrative Agent. Thereafter, the Revolving Credit Advances evidenced by each such Note note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes notes from each Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note notes for cancellation and requests that such Revolving Credit Advances Borrowings once again be evidenced as described in clauses subsections (a) and (b) above.
Appears in 1 contract
Samples: Credit Agreement (Entergy Gulf States Louisiana, LLC)
Noteless Agreement; Evidence of Indebtedness. (ai) Each Lender The Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender the Bank resulting from each Revolving Credit Advance made by such Lender the Bank from time to time, including the amounts of principal and interest payable and paid to such Lender the Bank from time to time hereunder.
(bii) The Agent Bank shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable 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 the Bank hereunder, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent Bank hereunder from the Borrower and each Lender's share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interestBorrower.
(ciii) The entries maintained in the accounts maintained pursuant to clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender The Bank may request that its Revolving Credit Advances Loan be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such the Bank a Note payable to the order of such Lenderthe Bank in a form supplied by the Bank. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0711.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0711.3, except to the extent that any such Lender the Bank or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances the Loan once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; providedPROVIDED, howeverHOWEVER, 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A "E", with appropriate changes for notes evidencing Swing Line Loans (each, each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
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 Revolving Credit Advance Loan made by such Lender from time to time, including the Class of each Loan and 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 amount and Class of each Revolving Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period with respect thereto, (ii) the amount of each Revolving Credit Advance Foreign Currency Swing Loan made hereunder and the Interest Period, if any, applicable Appropriate Foreign Currency with respect thereto, (iiiii) the amount of each Euro Swing Loan made hereunder, (iv) the amount of each U.S. Swing Loan made hereunder, (v) the amount of any principal or interest due and payable or to become due and payable from the any Borrower to each Lender hereunder, hereunder and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivvi) the amount of any sum received by the Administrative Agent hereunder from the any Borrower and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) The Absent manifest error, the entries maintained in the accounts maintained pursuant to clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms. In the event of any conflict between the accounts maintained by the Administrative Agent and the accounts of any Lender, the accounts of the Administrative Agent shall control in the absence of manifest error.
(d) Any Revolving Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A E (each, a "“Note"”). In such event, the applicable Borrower shall prepare, execute and deliver to such Revolving Lender such Note payable to the order of such Revolving Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Revolving Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 1 contract
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 Credit Advance 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 date and the amount of each Revolving Credit Advance Loan (including any Swing Line Loan) made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Letter of Credit and the parties thereto pursuant to Section 8.07, amount of Letter of Credit Obligations outstanding at any time and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A D (each, a "“Revolving Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.1(b)) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.1(b), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and .CHAR1\1170499v7 requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above. The Swing Line Loans shall be evidenced by a promissory note substantially in the form of Exhibit E (the “Swing Line Note”).
Appears in 1 contract
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A C, with appropriate changes for notes evidencing Swing Line Loans (each, each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
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 each Borrower to such Lender resulting from each Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans, Swing Line Loans and Term Loans, respectively, substantially in the form of Exhibit A E-1 and E-3 in the case of the Domestic Borrowers or Exhibit E-2 and E-4, in the case of any Foreign Borrower, with appropriate changes for notes evidencing Swing Line Loans (each, each a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab) (i) and (bii) above.
Appears in 1 contract
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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable Period and selection of Agreed Currency 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie ----- ----- evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, 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 such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 1 contract
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 Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Class, Agreed Currency and Type thereof and the Interest Period, if any, applicable Period (in the case of a Eurocurrency 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, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (iv) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vvi) 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Term Loans, Revolving Credit Advances Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a promissory note representing its Revolving Credit Advances notes (the “Notes”) in substantially in the form of Exhibit A C (eachin the case of Term Loans) or Exhibit D (in the case of Revolving Loans and/or Swing Line Loans), a "Note")with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note (s) payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above. No such substitutions, amendments and restatements shall constitute or effect a repayment, refinancing or novation of the amounts evidenced by the Notes but rather a modification and substitution of their respective terms.
Appears in 1 contract
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder Loan extended hereunder, the Type thereof, the name of the Borrower who requested such Loan and the Interest Period, if any, applicable Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the Borrower Borrowers and each Lender's share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, provided however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A C-1 (each, a "Revolving Note"), that its Term A Loans be evidenced by a promissory note in substantially the form of Exhibit C-2 attached hereto (a "Term A Note") and that its Supplemental Term Loans be evidenced by a promissory note in substantially the form of Exhibit C-3 attached hereto (a "Supplemental Term Note"). In such event, the each Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Revolving Note, the Term A Loans evidenced by such Term A Note, the Supplemental Term Loans evidenced by such Supplemental Term Note and interest thereon on the foregoing shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans, Term A Loans or Supplemental Term Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 1 contract
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 Revolving Credit Advance the 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.
(bii) The Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder and Type thereof and the Interest Period, if any, applicable Period (in the case of a Eurocurrency Borrowing) 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, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (ve) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loan be evidenced by a promissory note representing its Revolving Credit Advances (collectively, the “Notes”) in substantially in the form of Exhibit A (each, a "Note"). D. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loan evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes a Note payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loan once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Patterson Companies, 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivc) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A (eachincluding any amendment, modification, renewal or replacement thereof, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) 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 1 contract
Samples: Credit Agreement (Torchmark 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07, amount of LC Obligations outstanding at any time and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A (eachincluding any amendment, modification, renewal or replacement thereof, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses 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 1 contract
Samples: 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Class, Agreed Currency and Type thereof and the Interest Period, if any, applicable Period (in the case of a Eurocurrency 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, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (iv) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vvi) 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Term Loans, Revolving Credit Advances Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a promissory note representing its Revolving Credit Advances notes (the “Notes”) in substantially in the form of Exhibit A C (eachin the case of Term Loans) or Exhibit D (in the case of Revolving Loans and/or Swing Line Loans), a "Note")with appropriate changes for notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note Note(s) payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above. No such substitutions, amendments and restatements shall constitute or effect a repayment, refinancing or novation of the amounts evidenced by the Notes but rather a modification and substitution of their respective terms.
Appears in 1 contract
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 Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances substantially in the form of Exhibit A Loans and Swing Line Loans, respectively (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such Lender. Lender in substantially the form of Exhibit E. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0713.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 1 contract
Samples: Credit Agreement (Department 56 Inc)
Noteless Agreement; Evidence of Indebtedness. (a) Each Lender, each Secondary Lender and each Direct Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender, such Secondary Lender or such Direct Lender, as applicable, resulting from each Revolving Credit Advance made by the applicable Conduit Lender, such Secondary Lender or such Direct Lender, as applicable, from time to time, including the amounts of principal and interest payable Yield thereon and paid to such Lender, Secondary Lender or Direct Lender, as applicable, from time to time hereunder.
(b) The Program Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder by the Lenders and Secondary Lenders and the Interest Period, if any, applicable Settlement Period with respect thereto, (ii) the amount of any principal or interest and Yield due and payable or to become due and payable from the Borrower to each Lender and Secondary Lender hereunder, and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Program Agent hereunder from the Borrower and each Lender's and Secondary Lender's share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) Each Direct Lender shall maintain accounts in which it will record (i) the amount of each Advance made hereunder by such Direct Lender and the Settlement Period with respect thereto, (ii) the amount of any principal and Yield due and payable or to become due and payable from the Borrower to such Direct Lender hereunder, and (iii) the amount of any sum received by such Direct Lender hereunder from the Borrower and such Direct Lender's share thereof
(d) The entries maintained in the accounts maintained pursuant to clauses (a), (b) and (bc) above of this Section 2.03 shall be prima facie rebuttable presumptive evidence of the existence and amounts of the obligations hereunder and under the Notes Borrower Obligations therein recordedrecorded (absent manifest error); provided, however, that the failure of the Agent Program Agent, any Lender, any Secondary Lender or any Direct Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Borrower Obligations in accordance with their terms.
(de) Any Conduit Lender, any Secondary Lender and any Direct Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "an Advance Note"). In such event, the Borrower shall (as soon as reasonably practicable) prepare, execute and deliver to such Conduit Lender, Secondary Lender such or Direct Lender, as applicable, an Advance Note payable to the order of such Conduit Lender, Secondary Lender or Direct Lender, as applicable. Thereafter, the Revolving Credit Advances evidenced by each such Advance Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06) be represented by one or more Advance Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06, except to the extent that any such Conduit Lender, Secondary Lender, Direct Lender or assignee subsequently returns to the Borrower any such Advance Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a), (b) and (bc) aboveof this Section 2.03. In connection with any assignment pursuant to Section 9.06, if such assigning Secondary Lender or Direct Lender shall have an Advance Note issued to it, such assigning Secondary Lender or Direct Lender shall promptly return its Advance Note to the Borrower marked "cancelled".
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Van Kampen Senior Loan Fund)
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder Loan extended hereunder, the Type thereof, the name of the Borrower who requested such Loan and the Interest Period, if any, applicable Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, provided however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit C (a “Revolving Note”), that its Term A Loans be evidenced by a promissory note in substantially the form of Exhibit C-2 attached hereto (each, a "“Term A Note"”) and that its Term B Loans be evidenced by a promissory note in substantially the form of Exhibit C-3 attached hereto (a “Term B Note”). In such event, the each Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Revolving Note, the Term A Loans evidenced by such Term A Note or the Term B Loans evidenced by the Term B Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans, Term A Loans or Term B Loans once again be evidenced as described in clauses paragraphs (a) and (b) above.
Appears in 1 contract
Samples: Credit Agreement (Action Performance Companies 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 Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07, amount of LC Obligations outstanding at any time and (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, 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 clauses PARAGRAPHS (a) and (b) above shall be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; providedPROVIDED, howeverHOWEVER, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit EXHIBIT A (eachincluding any amendment, modification, renewal or replacement thereof, a "NoteNOTE"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07SECTION 12.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07SECTION 12.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses 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 1 contract
Samples: 364 Day 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 Borrowers to such Lender resulting from each Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder and Type thereof and the Interest Period, if any, applicable thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the any Borrower to each Lender hereunder, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0713.3, (ivd) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, (e) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof, and (vf) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under Obligations therein recorded in the Notes therein recordedabsence of 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
Appears in 1 contract
Samples: 5 Year Revolving Credit Agreement (Acuity Brands Inc)
Noteless Agreement; Evidence of Indebtedness. (a) Each 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 Revolving Credit Advance credit made by such Lender 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.07Section 12.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) [Reserved]
(e) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07Section 12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07Section 12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
Appears in 1 contract
Samples: 5 Year Term Loan Credit Agreement (GXO Logistics, Inc.)
Noteless Agreement; Evidence of Indebtedness. (ai) Each Term Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Term Lender resulting from each Revolving Credit Advance the Term Loan made by such Term Lender from time to time, including the amounts of principal and interest payable and paid to such Term 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 Revolving Credit Advance Term Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 Term Lender hereunder, hereunder and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivc) the amount of any sum received by the Agent hereunder from the Borrower and each Term Lender's share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Term Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms.
(div) Any Term Lender may request that its Revolving Credit Advances the Term Loan owing to such Term Lender be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Term Note"). In such event, the Borrower shall prepare, execute and deliver to such Term Lender such Term Note payable to the order of such Term Lender. Thereafter, the Revolving Credit Advances Term Loans evidenced by each such Term Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.3) be represented by one or more Term Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0710.3, except to the extent that any such Term Lender or assignee subsequently returns any such Term Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder and the Interest Period, if any, applicable theretoType thereof, (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 (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivc) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie PRIMA FACIE evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recordedrecorded absent demonstrable or manifest error; providedPROVIDED, howeverHOWEVER, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swing Line Loans (each, each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
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 Revolving Credit Advance 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 (iA) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, Period 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.07Section 12.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the each applicable Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b(b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A C (each, a "“Note"”). In such event, the each applicable Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07Section 12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07Section 12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b(b) above.
Appears in 1 contract
Samples: Delayed Draw Term Loan Credit Agreement (Walgreens Boots Alliance, 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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note note, or in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, in substantially in the form of Exhibit A E with applicable changes for notes evidencing Swing Line Loans (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
Samples: Credit Agreement (Oge Energy Corp.)
Noteless Agreement; Evidence of Indebtedness. (a) Each Lender and each Secondary Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender or such Secondary Lender, as applicable, resulting from each Revolving Credit Advance made by such Lender or such Secondary Lender, as applicable, from time to time, including the amounts of principal and interest payable Yield thereon and paid to such Lender or Secondary Lender, as applicable, from time to time hereunder.
(b) The Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest Period, if any, applicable Settlement Period with respect thereto, (ii) the amount of any principal or interest and Yield due and payable or to become due and payable from the Borrower to each Lender and each Secondary Lender hereunder, and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s and each Secondary Lender’s share thereof, 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 clauses (a) and (b) above of this Section 2.03 shall be prima facie rebuttable presumptive evidence of the existence and amounts of the obligations hereunder and under the Notes Borrower Obligations therein recorded; provided, however, that the failure of the Agent Agent, any Lender or any Secondary Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Borrower Obligations in accordance with their terms.
(d) Any The Conduit Lender or any Secondary Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "an Advance Note"). In such event, the Borrower shall promptly prepare, execute and deliver to the Conduit Lender or such Lender such Secondary Lender, as applicable, an Advance Note payable to the order of the Conduit Lender or such Secondary Lender, as applicable. Thereafter, the Revolving Credit Advances evidenced by each such Advance Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06) be represented by one or more Advance Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.to
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Credit Strategies Fund)
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 Revolving Credit Advance Syndicated 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 Revolving Credit Advance Syndicated Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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 (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (ivc) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof, and (v) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and ----------- ---- amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Syndicated Loans be evidenced by a promissory note representing its Revolving Credit Advances Syndicated Loans, substantially in the form of Exhibit A D (each, each a "Note"). In such event, the Borrower shall prepare, --------- execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances Syndicated Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the ------------ payee named therein or any assignee pursuant to Section 8.0712.3, except to the ------------ extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Syndicated Loans once again be evidenced as described in clauses (ai) and (bii) above.. ----------- ----
Appears in 1 contract
Samples: 364 Day Credit Agreement (Mead Corp)
Noteless Agreement; Evidence of Indebtedness. (ai) 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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (v) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swing Line Loans (each, each a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note or Notes and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
Appears in 1 contract
Samples: Credit Agreement (SCP Pool Corp)
Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an so long as any Obligations remain outstanding a current account or accounts evidencing the Borrower’s indebtedness of the Borrower to such Lender resulting that results from each Revolving Credit Advance 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 Lender. Agent shall also maintain accounts in which it will record records (i) the date and the amount of each Revolving Credit Advance made hereunder Loan, the Agreed Currency and Type of each Loan, and the Interest Period, if any, applicable theretoPeriod with respect to each Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunderunder this Agreement, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (iv) the amount of any sum received by the Agent hereunder from the Borrower under this Agreement and each Lender's ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) of such amount. The entries maintained in the accounts maintained pursuant to clauses (a) and (b) above this Section 2.5 shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recordedObligations recorded in those accounts; provided, however, provided that the failure of the Agent or any Lender to maintain such accounts or any error therein in such accounts shall not in any manner affect the Borrower’s obligation of the Borrower to repay such obligations the Obligations in accordance with their terms.
(d) the terms of this Agreement. Any Lender may has the right to request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of Swingline Lender, promissory notes, representing its Revolving Credit Advances Loans and Swingline Loans, as applicable, substantially in the form of Exhibit A E, with appropriate changes for notes evidencing Swingline Loans (each, each a "“Note"”). In such eventIf any Lender requests that its Loans be evidenced by a Note, the Borrower shall prepare, execute sign, and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon on such Loans shall at all times (including after prior to any assignment pursuant to Section 8.079.5.c) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07in such Note, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) abovethe preceding sentences of this Section 2.5.
Appears in 1 contract
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 Credit 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder and the Interest 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, (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof, 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes therein recorded; provided, however, that the failure of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such Lender. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by one or more Notes payable to the order SIDLEY XXXXXX XXXXX & XXXX LLP 23 of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses (a) and (b) above.
Appears in 1 contract
Samples: Credit Agreement (Dte Energy 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 Revolving Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Agreed Currency and Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, and (ivdiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note or, in the case of the Swing Line Lender, promissory notes representing its Revolving Credit Advances Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A D, with appropriate changes for notes evidencing Swing Line Loans (each, each a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender in a form supplied by the Administrative Agent. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ab) (i) and (bii) above.
Appears in 1 contract
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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (ia) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the original stated amount of each Facility LC and the amount of LC Obligations (including specifying Reimbursement Obligations) outstanding at any time, (d) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ive) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vf) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence (absent manifest error) of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans or, in the case of the Swing Line Lender, the Swing Line Loans, be evidenced by a promissory note representing its Revolving Credit Advances substantially (a “Note”) in the form of attached hereto as Exhibit A (each, a "Note")with appropriate changes for Notes evidencing Swing Line Loans. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
Appears in 1 contract
Samples: Five Year Revolving Credit Agreement (United Stationers 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 Credit 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 record
(i) the date and the amount of each Revolving Credit Advance made hereunder hereunder, the Type thereof and the Interest Period, Period (if any, applicable ) 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 effective date and amount of each Assignment and Acceptance 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 ’s share thereof, and (v) all other appropriate debits and credits as provided in this Agreement, including, without limitation, all fees, charges, expenses and interest.
(c) The Subject to Section 8.08(c), the entries maintained in the accounts maintained pursuant to clauses subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the 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 such obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender such a Note payable to the order of such LenderLender and its registered assigns. Thereafter, the Revolving Credit Advances evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.078.08(b)) 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 8.078.08(b), except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses subsections (a) and (b) above.
Appears in 1 contract
Samples: Term Loan Credit Agreement
Noteless Agreement; Evidence of Indebtedness. (a) .
(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 Revolving Credit Advance 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 Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance Loan made hereunder hereunder, the Borrowing Date, the Agreed Currency and the Type thereof and any Interest Period, if any, applicable 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, (iii) the effective date and original stated amount of each Assignment and Acceptance delivered to and accepted by it Facility LC and the parties thereto pursuant to Section 8.07amount of LC Obligations outstanding at any time, (iv) the amount of any sum received by the Agent hereunder from the each Borrower and each Lender's ’s share thereof, thereof and (v) all other appropriate debits and credits as provided the amount of any increase or decrease in this Agreement, including, without limitation, all fees, charges, expenses and interestthe Aggregate Commitment pursuant to Section 2.01.2 or 2.06.
(c) The entries maintained in the accounts maintained pursuant to clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes Obligations therein recorded; provided, however, that the failure of the 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 such obligations the Obligations in accordance with their termsterms or the rights of such Borrower to borrow in accordance with the terms and conditions of this Agreement.
(d) Any Lender may request that its Revolving Credit Advances Ratable Loans, Competitive Bid Loans or Swing Line Loans be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (eachRatable Notes, a "Note")Competitive Bid Notes or Swing Line Notes, respectively. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note or Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.079.06(c)) be represented by one or more Notes payable to the order of the payee named therein or any assignee Assignee pursuant to Section 8.079.06(c), except to the extent that any such Lender or assignee Assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above. Each reference in this Agreement to the “Note” of such Lender shall be deemed to refer to and include any or all of such Notes, as the context may require.
Appears in 1 contract
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 Credit Advance 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 date and the amount of each Revolving Credit Advance Loan made hereunder and Type thereof and the Interest Period, if any, applicable 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, (iii) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (iv) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(d) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances notes (the “Notes”) in substantially in the form of Exhibit A (each, a "Note"). C. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note Note(s) payable to the order of such LenderLender or its registered assigns. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Notes and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (a) and (b) above. No such substitutions, amendments and restatements shall constitute or effect a repayment, refinancing or novation of the amounts evidenced by the Notes but rather a modification and substitution of their respective terms.
Appears in 1 contract
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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest Period, if any, applicable 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, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof, and (ve) 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 clauses paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances Loans be evidenced by a promissory note representing its Revolving Credit Advances notes (the "Notes") in substantially in the form of Exhibit A (each, a "Note")Exhibit. In such event, the Borrower shall prepare, execute and deliver to such Lender such Note Note(s) payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note Note(s) and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such Note Note(s) for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses paragraphs (ai) and (bii) above.
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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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest 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, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (ve) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.
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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 Revolving Credit Advance 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 Revolving Credit Advance Loan made hereunder hereunder, the Type thereof and the Interest 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, (iiic) the effective date and amount of each Assignment and Acceptance Agreement delivered to and accepted by it and the parties thereto pursuant to Section 8.0712.3, (ivd) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (ve) 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 clauses (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations the Obligations in accordance with their terms.
(div) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such Lender. Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (ai) and (bii) above.. SIDLEY XXXXXX XXXXX & XXXX LLP
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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 extensions of the Borrower to such Lender resulting from each Revolving Credit Advance credit made by such Lender to the Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender Lxxxxx 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 Revolving Credit Advance Loan made hereunder hereunder, the Type and the Interest 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, (iiiC) the effective date and amount of each Assignment and Acceptance Assumption delivered to and accepted by it and the parties thereto pursuant to Section 8.07Section 12.01, (ivD) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof, and (vE) 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 clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations hereunder and under the Notes 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 such obligations its Obligations in accordance with their terms.
(d) [Reserved]
(e) Any Lender may request that its Revolving Credit Advances the Loans made or to be made by it be evidenced by a promissory note representing its Revolving Credit Advances in substantially in the form of Exhibit A D (each, a "“Note"”). In such event, the Borrower shall prepare, execute and deliver to such Lender such Note or Notes payable to the order of such LenderLender (or its registered assigns). Thereafter, the Revolving Credit Advances Loans evidenced by each such Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.07Section 12.01) be represented by one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07Section 12.01, except to the extent that any such Lender or assignee subsequently returns any such Note for cancellation and requests that such Revolving Credit Advances Loans once again be evidenced as described in clauses (a) and (b) above.
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Noteless Agreement; Evidence of Indebtedness. (a) Each The Lenders and each Secondary Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender it, resulting from each Revolving Credit Advance made by of such Lender or such Secondary Lender to the Borrower from time to time, including the amounts of principal and interest payable Yield thereon and paid to such Lender or such Secondary Lender, as applicable, from time to time hereunder.
(b) The Agent shall also maintain accounts in which it will record (i) the date and the amount of each Revolving Credit Advance made hereunder to the Borrower and the Interest Period, if any, applicable Settlement Period with respect thereto, (ii) the amount of any principal or interest and Yield due and payable or to become due and payable from the Borrower to each Lender and each applicable Secondary Lender hereunder, and (iii) the effective date and amount of each Assignment and Acceptance delivered to and accepted by it and the parties thereto pursuant to Section 8.07, (iv) the amount of any sum received by the Agent hereunder from the Borrower and each applicable Lender's ’s and each applicable Secondary Lender’s share thereof, 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 clauses paragraphs (a) and (b) above shall be prima facie rebuttable presumptive evidence of the existence and amounts of the obligations hereunder and under of the Notes Borrower therein recorded; provided, however, that the failure of the Agent Agent, any Lender or any Secondary Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Secured Obligations in accordance with their terms.
(d) Any Lender and any Secondary Lender may request that its Revolving Credit Advances to the Borrower be evidenced by a promissory note representing its Revolving Credit Advances substantially in the form of Exhibit A (each, a "an Advance Note"). In such event, the Borrower shall promptly prepare, execute and deliver to such applicable Lender or such applicable Secondary Lender, as applicable, an Advance Note payable to the order of such Lender or such Secondary Lender, as applicable. Thereafter, the Revolving Credit Advances evidenced by each such Advance Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06) be represented by one or more Advance Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06, except to the extent that any such Lender, any applicable Secondary Lender or any such assignee subsequently returns any such Advance Note for cancellation and requests that such Revolving Credit Advances once again be evidenced as described in clauses paragraphs (a) and (b) above. In connection with any assignment pursuant to Section 9.06, if such assigning Secondary Lender shall have an Advance Note issued to it, such assigning Secondary Lender shall promptly return its Advance Note to the Agent marked “cancelled”.
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Samples: Revolving Credit and Security Agreement (Xl Capital LTD)