Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving Loans. 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. (b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such Lender may be evidenced by a Revolving Loan Note. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 4 contracts
Samples: Credit Agreement (Blue Capital Reinsurance Holdings Ltd.), Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Fidelity & Guaranty Life)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving LoansLoans made to the Borrower. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan NoteNotes. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 3 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan Notes or Swing Line Notes, substantially the form of Exhibit B-1 or Exhibit B-2, as applicable, hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 3 contracts
Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender Xxxxxx and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan Notes or Swing Line Notes, substantially the form of Exhibit B-1 or Exhibit B-2, as applicable, hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 2 contracts
Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender Xxxxxx and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan Notes, substantially the form of Exhibit B, hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 2 contracts
Samples: Credit Agreement (NMI Holdings, Inc.), Credit Agreement (NMI Holdings, Inc.)
Notes; Loan Accounts. (a) Each Revolving Loan made The Loans shall be repayable in accordance with the terms and provisions set forth herein and, upon request by each Lender any Lender, shall be evidenced by Notes issued to such Lender. Upon such request, (i) one Revolving Loan Note and one Term Loan Note shall be payable to each requesting Lender, or its registered assigns, in accordance with such Lender’s respective applicable Commitment Ratio, (ii) one Incremental Facility Note shall be payable to each requesting Lender, or its registered assigns, in accordance with such Lender’s respective Incremental Facility Commitment Ratio, as applicable and (iii) one Swing Line Note shall be delivered to the Swing Line Lender, or its registered assigns, in accordance with its Swing Line Commitment. Such Notes shall be issued by the Borrower to any Lender upon the request of such Lender and shall be duly executed and delivered on the Borrower’s behalf by one or more Authorized Signatories. Each Lender may open and maintain on its books in the name of the Borrower a loan accounts account with respect to its portion of the Loans and interest thereon. Each Lender which opens such a loan account shall debit such loan account for the principal amount of its portion of each Advance made by it and accrued interest thereon, and shall credit such loan account for each payment on account of principal of or interest on its Loans. The records of a Lender with respect to the loan account maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender it shall be conclusive prima facie evidence of the amount its portion of the Revolving Loans made by the Lenders to the Borrower and the accrued interest and payments thereon absent manifest error. Any , but the failure so of any Lender to record make any such notations or any error or mistake in doing so such notations shall not, however, limit or otherwise not affect the Borrower’s repayment obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving such Loans. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such Lender may be evidenced by a Revolving Loan Note. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Whole Earth Brands, Inc.), Loan Agreement (Whole Earth Brands, Inc.)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender Xxxxxx and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving LoansLoans made to the Borrower. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan NoteNotes. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 2 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive presumptive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest errorthereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by one or more notes in substantially the form of Exhibit B-1 hereto, in the case of Term Loans (each such note, a "Term Note"), and Exhibit B-2 hereto, in the case of Revolving Loan Credit Loans (each such note, a "Revolving Credit Note," and, together with Term Notes, collectively, the "Notes"). Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s 's record shall be conclusive absent manifest demonstrable error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 2 contracts
Samples: Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and Borrowers, the interest and payments thereon thereon, the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower Borrowers hereunder to pay any amount owing with respect to the Revolving Loans. In the event of any conflict between the accounts and records maintained by any Lender Loans and the Facility LC issuances. If such accounts and records of are inconsistent with the Administrative Agent in respect of such mattersRegister, the accounts and records of the Administrative Agent Register shall control in the absence of manifest errorprevail.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such Lender may be evidenced by a Revolving Loan Note. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Borrowers with respect thereto. Each such Lender is irrevocably authorized by the Borrower Borrowers to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower Borrowers hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract
Samples: Credit Agreement (FGL Holdings)
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender The Loans shall be repayable in accordance with the terms and provisions set forth herein, and shall be evidenced by the Notes. On the Agreement Date, one Term Note and one Revolving Note shall be payable to the order of each Lender in accordance with the respective Commitment Ratios of the Lenders. Additionally, on the Merger Date, the Borrower shall execute and deliver to each CRBC Lender promissory notes in the amount of such CRBC Lenders pro rata share of the Additional Revolving Loan Commitment and the Subsequent Term Loan Commitment, respectively. The Notes shall be issued by the Borrower to the Lenders and shall be duly executed and delivered by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving Loans. 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 errorAuthorized Signatories.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such Each Lender may be evidenced by open and maintain on its books in the name of the Borrower a Revolving Loan Noteloan account with respect to the Loans and interest thereon. Each Lender which opens such a loan account shall endorse on debit such loan account for the schedules annexed to its Revolving Loan Note the date, principal amount and maturity of each Revolving Loan deemed Advance made by it and the amount of accrued interest thereon, and shall credit such loan account for each payment on account of principal made by the Borrower with respect theretoof or interest on its Loans. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure The records of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan loan account maintained by it shall be prima facie evidence of the Loans and accrued interest ----- ----- thereon, but the failure of any Lender to make any such notations or any error or mistake in such notations shall not limit or otherwise affect the Borrower's repayment obligations of the Borrower hereunder or under any such Revolving Loan Note with respect to such LenderLoans.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender Xxxxxx and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving LoansLoans made to the Borrower. In the event of any conflict between the accounts and records maintained by any Lender Xxxxxx and the accounts and records of the Administrative Agent in respect of such matters, including the accounts and records of Register, the Administrative Agent Register shall control in the absence of manifest error.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan NoteNotes. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender The Loans shall be repayable in accordance with the terms and provisions set forth herein and, if requested, shall be evidenced by the Notes. One (1) Revolving Loan Note, one (1) Term Loan A Note, one (1) DDTL Note and, if applicable, one (1) Incremental Facility Note, shall be payable to each applicable Lender in accordance with such Lender’s applicable Commitment Ratio for Revolving Loans, the Term Loan A Loans, the DDT Loans and, if applicable, the Incremental Facility Loans. The Notes shall be issued on a joint and several basis by the Borrowers upon the request of any Lender in connection with the Commitments or Loans held by it and shall be duly executed and delivered by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving Loans. 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 errorAuthorized Signatories.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such Each Lender may be evidenced by open and maintain on its books in the name of the Borrowers a Revolving Loan Noteloan account with respect to its portion of the Loans and interest thereon. Each Lender which opens such a loan account shall endorse on debit such loan account for the schedules annexed to principal amount of its Revolving Loan Note the date, amount and maturity portion of each Revolving Loan deemed Advance made by it and the amount of accrued interest thereon, and shall credit such loan account for each payment on account of principal made by the Borrower with respect theretoof or interest on its Loans. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure The records of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan loan account maintained by it shall be prima facie evidence of its portion of the Loans and accrued interest thereon absent manifest error, but the failure of any Lender to make any such notations or any error or mistake in such notations shall not limit or otherwise affect the Borrowers’ repayment obligations of the Borrower hereunder or under any such Revolving Loan Note with respect to such LenderLoans.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations of the Borrower hereunder to pay any amount owing with respect to the Revolving LoansLoans made to the Borrower. 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, including the accounts and records of Register, the Administrative Agent Register shall control in the absence of manifest error.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Revolving Loan NoteNotes. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive presumptive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest errorthereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by one or more notes in substantially the form of Exhibit B hereto (each such note, a Revolving Loan “Note”). Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest demonstrable error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a one or more Tranche B-1 Term Loan Notes, Tranche B-2 Term Loan Notes, Revolving Loan Notes or Swing Line Notes, substantially the form of Exhibit X-0, Xxxxxxx X-0, Xxxxxxx X-0, or Exhibit B-4, as applicable, hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive prima facie evidence in the absence of manifest error of the amount of the Revolving Loans made by the Lenders to the Borrower and the interest and payments thereon absent manifest errorthereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower hereunder to pay any amount owing with respect to the Revolving Loans. 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. To the extent any such accounts are inconsistent with the Register, the Register shall govern absent manifest error.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a Revolving Loan Noteone or more Notes. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower with respect thereto. Each such Lender is irrevocably authorized by the Borrower to so endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract
Notes; Loan Accounts. (a) Each Revolving Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such Lender and by the Administrative Agent in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender shall be conclusive evidence of the amount of the Revolving Loans made by the Lenders to the Borrower Company and the interest and payments thereon absent manifest error. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligations obligation of the Borrower Company hereunder to pay any amount owing with respect to the Revolving Loans. 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.
(b) Upon the request of any Lender made through the Administrative Agent, instead of or in addition to loan accounts, the Revolving Loans made by such each Lender may be evidenced by a Revolving Loan Noteone or more Notes. Each Lender shall endorse on the schedules annexed to its Revolving Loan Note the date, amount and maturity of each Revolving Loan deemed made by it and the amount of each payment of principal made by the Borrower Company with respect thereto. Each such Lender is irrevocably authorized by the Borrower Company to endorse its Revolving Loan Note and each Lender’s record shall be conclusive absent manifest error; provided that the failure of a Lender to make, or an error in making, a notation thereon with respect to the Revolving any Loan shall not limit or otherwise affect the obligations of the Borrower Company hereunder or under any such Revolving Loan Note to such Lender.
Appears in 1 contract