Common use of Notes; Loan Accounts Clause in Contracts

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by 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 Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 2 contracts

Sources: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by one or more Revolving Loan Notes or Swing Line Notes, substantially the form of Exhibit B-1 or Exhibit B-2, as applicableB, hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 2 contracts

Sources: Credit Agreement (NMI Holdings, Inc.), Credit Agreement (NMI Holdings, Inc.)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ Lender and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive presumptive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ Lender and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by one or more Revolving Loan Notes or Swing Line Notes, notes in substantially the form of Exhibit B-1 or Exhibit B-2hereto, as applicable, hereto in the case of Term Loans (each such note, a "Term Note"), and Exhibit B-2 hereto, in the case of Revolving 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 Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 2 contracts

Sources: Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ Lender and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive presumptive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ Lender and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by one or more Revolving Loan Notes or Swing Line Notes, notes in substantially the form of Exhibit B-1 or Exhibit B-2, as applicable, B hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 1 contract

Sources: Credit Agreement (CNO Financial Group, Inc.)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ Lender and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ Lender and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by 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 Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 1 contract

Sources: Credit Agreement (NMI Holdings, Inc.)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ Lender and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ Lender and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by 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 B-1 ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, or Exhibit B-2B-4, as applicable, hereto (each such note, a “Note”). Each Lender shall endorse on the schedules annexed to its Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 1 contract

Sources: Credit Agreement (CNO Financial Group, Inc.)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ Lender and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ Lender and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by one or more Revolving Term Loan Notes or Swing Line Revolving Loan 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 Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 1 contract

Sources: Credit Agreement (NMI Holdings, Inc.)

Notes; Loan Accounts. (a) Each Loan The Loans made by each Lender Bank shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ and by the Agent Bank in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender Bank shall be conclusive evidence evidence, absent manifest error, of the amount of the Loans made by the Lenders Banks to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender Bank made through Agent, the AgentLoans made by such Bank may be evidenced by one or more notes, as applicable ("Notes"), instead of or in addition to loan accounts, the Loans made by each Lender may . Each such Note shall be evidenced by one or more Revolving Loan Notes or Swing Line Notes, substantially in the form of Exhibit B-1 or Exhibit B-2, as applicable, hereto (each such note, a “Note”)II. Each Lender such Bank shall endorse on the schedules annexed to its Note ---------- the date, amount amount, and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender Bank is irrevocably authorized by the Company to endorse its Note and each Lender’s Bank's record shall be conclusive absent manifest error; provided provided, however, that the failure -------- ------- of a Lender Bank to make, or an error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such LenderBank.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Levi Strauss & Co)

Notes; Loan Accounts. (a) Each Loan The Loans made by each Lender Bank shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ and by the Agent Bank in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent and each Lender Bank shall be conclusive evidence evidence, absent manifest error, of the amount of the Loans made by the Lenders Banks to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender Bank made through Administrative Agent, the AgentLoans made by such Bank may be evidenced by one or more notes, as applicable ("Notes"), instead of or in addition to loan accounts, the Loans made by each Lender may . Each such Note shall be evidenced by one or more Revolving Loan Notes or Swing Line Notes, substantially ----- in the form of Exhibit B-1 or Exhibit B-2, as applicable, hereto (each such note, a “Note”)IV. Each Lender such Bank shall endorse on the schedules ---------- annexed to its Note the date, amount amount, and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender Bank is irrevocably authorized by the Company to endorse its Note and each Lender’s Bank's record shall be conclusive absent manifest error; provided provided, however, that -------- ------- the failure of a Lender Bank to make, or an error in making, a notation thereon with respect to any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such LenderBank.

Appears in 1 contract

Sources: Bridge Credit Agreement (Levi Strauss & Co)

Notes; Loan Accounts. (a) Each Loan made by each Lender shall be evidenced by one or more loan accounts or records maintained by such ▇▇▇▇▇▇ and by the Agent in the ordinary course of business. The loan accounts or records maintained by the Agent and each Lender shall be conclusive evidence of the amount of the Loans made by the Lenders to the 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 obligation of the Company hereunder to pay any amount owing with respect to the Loans. In the event of any conflict between the accounts and records maintained by any ▇▇▇▇▇▇ and the accounts and records of the Agent in respect of such matters, the accounts and records of the Agent shall control in the absence of manifest error. (b) Upon the request of any Lender made through the Agent, instead of or in addition to loan accounts, the Loans made by each Lender may be evidenced by one or more 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 Note the date, amount and maturity of each Loan deemed made by it and the amount of each payment of principal made by the Company with respect thereto. Each such Lender is irrevocably authorized by the Company to endorse its 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 any Loan shall not limit or otherwise affect the obligations of the Company hereunder or under any such Note to such Lender.

Appears in 1 contract

Sources: Sixth Amendment and Restatement Agreement (CNO Financial Group, Inc.)