Common use of Notes; Telephonic Notices Clause in Contracts

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person or Persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officer, if such confirmation is requested by the Agent or any Lender, of each telephonic notice. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Platinum Technology Inc), Credit Agreement (Platinum Technology International Inc)

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Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule schedules attached to its NoteNotes, provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such NoteNotes. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Mego Mortgage Corp), Credit Agreement (Mego Mortgage Corp)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, Notes; provided, however, that neither the failure to so record nor (or any error in such recordation recording) shall not affect the Borrower's Borrowers' obligations under each such Note. The Borrower Borrowers hereby authorizes authorize the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the BorrowerBorrowers. The Each Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by one of its Authorized Officers. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Astec Industries Inc), Credit Agreement (Astec Industries Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans to the Borrower and each repayment with respect to its Loans on the schedule attached to its respective Note; PROVIDED, provided, howeverHOWEVER, that neither the failure to so record nor any error in such recordation shall not affect the Borrower's obligations under any such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue extend Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officer, if such confirmation is requested by the Agent or any Lender, of each telephonic notice. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, (i) the records of the Agent and the Lenders telephonic notice shall govern absent manifest errorerror and (ii) the Agent or the Lender, as applicable, shall promptly notify the Authorizing Officer who provided such confirmation of such difference.

Appears in 2 contracts

Samples: Credit Agreement (American Medserve Corp), Credit Agreement (American Medserve Corp)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, provided, however, that neither the failure to so record nor or any error in any such recordation record shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf an Authorized Officer of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

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

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment with respect to its Loans on the schedule attached to its Note, respective Notes; provided, however, that neither the failure to so record nor any error in such recordation shall not affect the Borrower's obligations under any such Note. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue extend Revolving Advances, effect selections of Types of Revolving Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Administrative Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation confirmation, signed by an Authorized Officer, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, (i) the records of the Agent and the Lenders telephonic notice shall govern absent manifest errorerror and (ii) the Administrative Agent or the Lender, as applicable, shall promptly notify the Authorizing Officer who provided such confirmation of such difference.

Appears in 1 contract

Samples: Credit Agreement (Wabash National Corp /De)

Notes; Telephonic Notices. Each Lender is hereby authorized to record on the principal schedule attached to each of its Notes, or otherwise record in accordance with its usual practice, the date and amount of each of its Loans and each repayment on of the schedule attached to its type evidenced by such Note, ; provided, however, that neither the any failure to so record nor any error in such recordation shall not affect the Borrower's obligations under such any Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue extend Advances, effect Rate Option selections of Types of Advances and to transfer funds submit Competitive Bid Quotes based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf an Authorized Officer or an officer, employee or agent of the BorrowerBorrower designated by an Authorized Officer. The Borrower agrees to deliver promptly to the Agent a written confirmation of each telephonic notice signed by an Authorized Officer, if such confirmation is requested by the Agent or any Lender, of each telephonic notice. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Washington Natural Gas Co)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, ; provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances Advances, submit Competitive Bid Quotes and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Revolving Credit Note, ; provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Rawlings Sporting Goods Co Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, ; provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Luiginos Inc)

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Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment with respect to its Loans on the schedule attached to its Note, respective Notes; provided, however, that neither the failure to so record nor any error in such recordation shall not affect the Borrower's obligations under any such Note. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue extend Syndicated Advances, effect selections of Types of Syndicated Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Administrative Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation confirmation, signed by an Authorized Officer, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, (i) the records of the Agent and the Lenders telephonic notice shall govern absent manifest errorerror and (ii) the Administrative Agent or the Lender, as applicable, shall promptly notify the Authorizing Officer who provided such confirmation of such difference.

Appears in 1 contract

Samples: Credit Agreement (Wabash National Corp /De)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Revolving Credit Note, ; provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf an Authorized Officer or assistant treasurer of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its applicable Note, ; provided, however, that neither the -------- ------- failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Money Store Inc /Nj)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, Notes; provided, however, that neither the failure to so record nor any error in such recordation shall not affect the Borrower's obligations under such Noteany Loan Document. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to Advances, transfer funds and submit Competitive Bid Quotes, in each case based on telephonic notices made by any Person person or Persons persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Firstar Corp /Wi/)

Notes; Telephonic Notices. Each Lender is hereby authorized to record the principal amount of each of its Loans and each repayment on the any schedule attached to its NoteNote (and each such record shall be conclusive, absent manifest error), provided, however, that neither the failure to so record nor any error in such recordation shall affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any Person person or Persons persons the Agent or any Lender believes in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation signed by an Authorized Officerconfirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic noticenotice signed by an Authorized Officer of the Borrower. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Vectren Utility Holdings Inc)

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