Common use of Notes; Repayment of Loans Clause in Contracts

Notes; Repayment of Loans. (a) The Credit Extensions of each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by the Agent in the ordinary course of business. Absent manifest error, the accounts or records maintained by the Agent and each Lender shall be presumed to reflect correctly the amount of the Credit Extensions made by the Lenders to the Borrowers and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. 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. Upon the request of any Lender made through the Agent, the Loans made by such Lender (including the Swingline Lender, with respect to Swingline Loans, and the UK Swingline Lender, with respect to the UK Swingline Loans) shall be evidenced by a Note duly executed on behalf of the Domestic Borrowers, the Canadian Borrower or the UK Borrower, as applicable, dated the Effective Date, in substantially the form attached hereto as Exhibit B‑1, Exhibit X-0, Xxxxxxx X-0, Exhibit B-4 or Exhibit B-5, as applicable, payable to the order of each such Lender (or the Swingline Lender or UK Swingline Lender, as applicable) in an aggregate principal amount equal to such Lender’s Domestic Commitment , Canadian Commitment or UK Commitment, as applicable (or, in the case of the Note evidencing the Swingline Loans, $40,000,000, and in the case of the Note evidencing the UK Swingline Loans, $10,000,000).

Notes; Repayment of Loans. (a) The Credit Extensions of each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by the Agent in the ordinary course of business. Absent manifest error, the accounts or records maintained by the Agent and each Lender shall be presumed to reflect correctly the amount of the Credit Extensions made by the Lenders to the Borrowers and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. 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. Upon the request of any Lender made through the Agent, the Loans made by such Lender (including the Swingline Lender, with respect to Swingline Loans, the Canadian Swingline Lender, with respect to the Canadian Swingline Loans, and the UK Swingline Lender, with respect to the UK Swingline Loans) shall be evidenced by a Note duly executed on behalf of the Domestic Borrowers, the Canadian Borrower or the UK Borrower, as applicable, dated the Effective Date, in substantially the form attached hereto as Exhibit B‑1, Exhibit B-0, Xxxxxxx X-0, Xxxxxxx X-0, Exhibit B-4 B-5 Exhibit B-6 or Exhibit B-5B-7, as applicable, payable to the order of each such Lender (or the Swingline Lender Lender, the Canadian Swingline Lender, or the UK Swingline Lender, as applicable) in an aggregate principal amount equal to such Lender’s Revolving Domestic Commitment Total Commitment, Canadian Commitment or Commitment, UK Commitment, or FILO Loan, as applicable (or, in the case of the Note evidencing the Swingline Loans, $40,000,00045,000,000, in the case of the Note evidencing the Canadian Swingline Loans, $5,000,000 and in the case of the Note evidencing the UK Swingline Loans, $10,000,000).

Notes; Repayment of Loans. (a) The Credit Extensions of each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by the Agent in the ordinary course of business. Absent manifest error, the accounts or records maintained by the Agent and each Lender shall be presumed to reflect correctly the amount of the Credit Extensions made by the Lenders to the Borrowers and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. 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. Upon the request of any Lender made through the Agent, the Loans made by such Lender (including the Swingline Lender, with respect to Swingline Loans, the Canadian Swingline Lender, with respect to the Canadian Swingline Loans, and the UK Swingline Lender, with respect to the UK Swingline Loans) shall be evidenced by a Note duly executed on behalf of the Domestic Borrowers, the Canadian Borrower or the UK Borrower, as applicable, dated the Effective Date, in substantially the form attached hereto as Exhibit B‑1, Exhibit X-0, Xxxxxxx X-0, Xxxxxxx X-0, Exhibit B-4 B-5 or Exhibit B-5B-6, as applicable, payable to the order of each such Lender (or the Swingline Lender Lender, the Canadian Swingline Lender, or the UK Swingline Lender, as applicable) in an aggregate principal amount equal to such Lender’s Domestic Commitment , Canadian Commitment or UK Commitment, as applicable (or, in the case of the Note evidencing the Swingline Loans, $40,000,00045,000,000, in the case of the Note evidencing the Canadian Swingline Loans, $5,000,000 and in the case of the Note evidencing the UK Swingline Loans, $10,000,000).

Notes; Repayment of Loans. (a) The Credit Extensions of each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by the Agent in the ordinary course of business. Absent manifest errorTranche A Term Loans, the accounts or records maintained by ------------------------- Tranche B Term Loans, the Agent and each Lender shall be presumed to reflect correctly the amount of the Credit Extensions made by the Lenders to the Borrowers Revolving Loans and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. 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. Upon the request of any Lender made through the Agent, the Swingline Loans made by such each Lender (including the Swingline Lender, with respect to Swingline Loans, and the UK Swingline Lender, with respect to the UK Swingline Loans) shall be evidenced by a Tranche A Term Note, a Tranche B Term Note, a Revolving Credit Note and a Swingline Note, respectively, duly executed and delivered on behalf of the Domestic Borrowers, the Canadian Borrower or the UK Borrower, as applicable, dated the Effective Closing Date, in substantially the form attached hereto as Exhibit B‑1, Exhibit X-0, Xxxxxxx X-0, Exhibit B-4 X-0 or Exhibit B-5, A-4 as applicable, with the blanks appropriately filled, payable to the order of each such Lender (or the Swingline Lender or UK Swingline Lender, as applicable) in an aggregate a principal amount equal to such Lender’s Domestic 's Tranche A Term Loan Commitment (in the case of its Tranche A Term Note), Canadian Tranche B Term Loan Commitment or UK Commitment(in the case of its Tranche B Term Note), as applicable Revolving Credit Commitment (or, in the case of its Revolving Credit Note) and Swingline Commitment (in the case of the Note evidencing Swingline Note). The outstanding principal balance of each Loan, as evidenced by the Swingline Loansapplicable Note, $40,000,000, and shall be payable (a) in the case of a Tranche A Term Loan or a Tranche B Term Loan, as provided in Section 2.11, (b) in the case of a Revolving Loan, on the last day of the Interest Period applicable to such Loan and on the Revolving Credit Maturity Date and (c) in the case of a Swingline Loan, on the last day of the Interest Period applicable to such Loan and on the Swingline Maturity Date. Each Note shall bear interest from the date of the first Borrowing hereunder on the outstanding principal balance thereof as set forth in Section 2.06. Each Lender shall, and is hereby authorized by the Borrower to, endorse on the schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender's internal records, an appropriate notation evidencing the UK Swingline Loansdate and amount of each applicable Loan from such Lender, $10,000,000)each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender -------- ------- to make such a notation or any error therein shall not affect the obligation of the Borrower to repay the Loans made by such Lender in accordance with the terms of this Agreement and the applicable Notes.

Notes; Repayment of Loans. (a) The Credit Extensions of each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by the Agent in the ordinary course of business. Absent manifest error, the accounts or records maintained by the Agent and each Lender shall be presumed to reflect correctly the amount of the Credit Extensions made by the Lenders to the Borrowers and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. 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. Upon the request of any Lender made through the Agent, the Loans made by such each Lender (including and to the applicable Swingline Lender, with respect to Swingline Loans) may, and the UK upon request by such Lender (or such Swingline Lender), with respect to the UK Swingline Loans) shall be evidenced by a Note duly executed on behalf of by the Domestic Borrowers, the Canadian Borrower or the UK Borrower, as applicable, dated the Effective DateDate (or in the case of a Note evidencing an increased or a new Commitment pursuant to Section 2.09, the effective date of such increased or new Commitment), in substantially the form attached hereto as Exhibit B‑1, Exhibit X-0, Xxxxxxx X-0, Exhibit B-4 B-1 or Exhibit B-5B-2, as applicable, payable to the order of each such Lender (or the Swingline Lender or UK such Swingline Lender, as applicable) in an aggregate principal amount equal to such Lender’s Domestic Commitment , Canadian Commitment (or UK the applicable Swingline Lender’s Swingline Commitment, as applicable ). (b) The Borrowers shall repay to the Agent the then outstanding principal balance of all Swingline Loans on the earlier of the Swingline Maturity Date or, on the date otherwise requested by the applicable Swingline Lender in accordance with the case provisions of Section 2.05(a). The Borrowers shall repay to the Agent, for the benefit of the applicable Lenders, (i) on the Commitment Termination Date, the then outstanding principal balance of all Initial Loans and (ii) on the relevant maturity date for any Extension Series of Extended Commitments, the then outstanding principal balance of all Extended Loans in respect of such Extension Series. The Borrowers shall repay to the Agent the then outstanding principal balance of all other Obligations (other than the Initial Loans, Swingline Loans and Extended Loans) on the Termination Date (subject to earlier repayment as provided below). Each Loan shall bear interest from the date thereof on the outstanding principal balance thereof as set forth in this Article II. Each Lender is hereby authorized by the Borrowers to endorse on a schedule attached to any Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender’s internal records, an appropriate notation evidencing the Swingline Loansdate and amount of each Loan from such Lender, $40,000,000each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and in the case other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any error therein shall not affect the obligation of the Note evidencing Borrowers to repay the UK Swingline Loans, $10,000,000).Loans made by such Lender in accordance with the terms of this Agreement and the applicable Notes. Section 2.09

Notes; Repayment of Loans. (a) The Credit Extensions of Revolving Loans made by each Lender shall be evidenced by one or more accounts or records maintained by such Lender and by the Agent in the ordinary course of business. Absent manifest errorhaving a Revolving Credit Commitment, the accounts or records maintained Term Loans made by the Agent and each Lender shall be presumed to reflect correctly having a Term Loan Commitment and the amount of the Credit Extensions Swingline Loans made by the Lenders to the Borrowers and the interest and payments thereon. Any failure so to record or any error in doing so shall notSwingline Lenders, however, limit or otherwise affect the obligation of the Borrowers hereunder to pay any amount owing with respect to the Obligations. 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. Upon the request of any Lender made through the Agent, the Loans made by such Lender (including the Swingline Lender, with respect to Swingline Loans, and the UK Swingline Lender, with respect to the UK Swingline Loans) shall be evidenced by a Revolving Credit Note, a Term Note and a Swingline Note, respectively, duly executed on behalf of the Domestic Borrowers, the Canadian Borrower or the UK Borrower, as applicable, dated the Effective Restatement Date, in substantially the form attached hereto as Exhibit B‑1Exhibits A-1, Exhibit X-0A-2 and A-3, Xxxxxxx X-0respectively, Exhibit B-4 or Exhibit B-5with the blanks appropriately fixxxx, as applicable, payable (x) xxxxxxe in the case of each Lender to the order of each such Lender (or the Swingline Lender or UK Swingline Lender, as applicable) registered assigns in an aggregate a principal amount equal to (i) the Revolving Credit Commitment of such Lender’s Domestic Commitment , Canadian Commitment or UK Commitment, as applicable (or, in the case of its Revolving Credit Note or (ii) the Note evidencing the Swingline LoansTerm Loan Commitment of such Lender, $40,000,000, and in the case of its Term Note, and (b) payable in the case of each Swingline Lender to the order of such Swingline Lender in the principal amount of such Swingline Lender's Swingline Commitment Percentage of $30,000,000, in the case of its Swingline Note. The outstanding principal balance of each Loan or Swingline Loan, as evidenced by such a Note, shall be payable (a) in the case of a Revolving Loan or Swingline Loan, on the last day of the Interest Period applicable to such Loan and on the Revolving Credit Maturity Date and (b) in the case of a Term Loan, as provided in Section 2.11(a)(i). Each Note shall bear interest from and including the Restatement Date on the outstanding principal balance thereof as set forth in Section 2.06. Each Lender and each Swingline Lender shall, and each hereby is, authorized by the Borrower to, endorse on the schedule attached to each Note delivered to it (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in its internal records, an appro- priate notation evidencing the UK date and amount of each Loan from such Lender, or Swingline LoansLoan from such Swingline Lender, $10,000,000)each payment and pre- payment of principal of any such Loan or Swingline Loan, each payment of interest on any such Loan or Swingline Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender or either Swingline Lender to make such a notation or any error therein shall not affect the obligation of the Borrower to repay the Loans made by such Lender, or the Swingline Loans made by such Swingline Lender, in accordance with the terms of this Agreement and the applicable Notes.