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 9 contracts
Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities 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: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit 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 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), Senior Facilities 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 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
Samples: Loan Agreement (Getronics N V)
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 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
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
Samples: Credit Facility Agreement (Ship Finance International 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 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: Exhibit 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
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
Samples: High Yield Bridge 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 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: Second Lien Facility 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 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: Term Facility 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 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: Term Loan Agreement (Genesys Sa)
