Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 (Maintain Accounts) and Clause 36.5 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 8 contracts
Samples: Senior Facilities Agreement (Virgin Media Inc.), Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 38.4 (Maintain Accounts) and Clause 36.5 38.5 (Control Accounts) shall, in the absence of manifest error, shall be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Moore Labels Inc), Senior Facilities Agreement (Buhrmann Nv)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 30.2 (Maintain AccountsEvidence of Debt) and Clause 36.5 30.3 (Control Accounts) shall, in the absence of manifest error, shall be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 3 contracts
Samples: Confidentiality Agreement (Ace LTD), Confidentiality Agreement (Ace LTD), Ace LTD
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 clause 30.2 (Maintain AccountsEvidence of Debt) and Clause 36.5 clause 30.3 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the ObligorsBorrower.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 37.4 (Maintain Accounts) and Clause 36.5 37.5 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Agreement (NTL Inc)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 30.2 (Maintain AccountsEvidence of Debt) and Clause 36.5 30.3 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the ObligorsBorrower.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Agreement (HCC Insurance Holdings Inc/De/)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 32.4 (Maintain Accounts) and Clause 36.5 32.5 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Acquisition Facilities Agreement (Liberty Global PLC)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 36.3 (Maintain AccountsEvidence of Debt) and Clause 36.5 36.4 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Genesys Sa
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 31.2 (Maintain AccountsEvidence of Debt) and Clause 36.5 31.3 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the ObligorsBorrower.
Appears in 1 contract
Samples: HCC Insurance Holdings Inc/De/
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 30.4 (Maintain Accounts) and Clause 36.5 30.5 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Agreement (Telewest Global Inc)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 29.3 (Maintain AccountsEvidence of Debt) and Clause 36.5 29.4 (Control Accounts) shall, in the absence of manifest error, shall be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Confidentiality Agreement (Ace LTD)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 34.4 (Maintain AccountsEvidence of Debt) and Clause 36.5 34.5 (Control Accounts) shall, in the absence of manifest error, shall be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Randstad North America, L.P.
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 30.3 (Maintain Accounts) and Clause 36.5 30.4 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 36.3 (Maintain AccountsEvidence of Debt) and Clause 36.5 36.4 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Agreement (Genesys Sa)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 (Maintain Accounts) and Clause 36.5 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.. 189
Appears in 1 contract
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 38.4 (Maintain AccountsEvidence of Debt) and Clause 36.5 38.5 (Control Accounts) shall, in the absence of manifest error, shall be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 33.3 (Maintain Accounts) and Clause 36.5 33.4 (Control Accounts) shall, in the absence of manifest error, shall be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to Clause 36.4 35.3 (Maintain Accounts) and Clause 36.5 35.4 (Control Accounts) shall, in the absence of manifest error, be prima facie evidence of the existence and amounts of the specified obligations of the Obligors.
Appears in 1 contract
Samples: Agreement (Telewest Global Inc)
