Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility Document, the entries made in the accounts maintained pursuant to Clause 27.2 (EVIDENCE OF DEBT) or Clause 27.3 (CONTROL ACCOUNTS) shall be PRIMA FACIE evidence of the existence and extent of the obligations of the Borrower therein recorded.
Appears in 6 contracts
Samples: Senior Facility Agreement (General Maritime Corp), Junior Facility Agreement (General Maritime Corp), Senior Facility Agreement (General Maritime Corp)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility DocumentAgreement, the entries made in the accounts maintained pursuant to Clause 27.2 32.3 (EVIDENCE OF DEBTEvidence of Debt) or and Clause 27.3 32.4 (CONTROL ACCOUNTSControl Accounts) shall be PRIMA FACIE prima facie evidence of the existence and extent amounts of the specified obligations of the Borrower therein recordedObligors.
Appears in 3 contracts
Samples: Credit Agreement (NTL Delaware Inc), Credit Agreement (NTL Inc/De/), Credit Agreement (NTL Communications Corp)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility DocumentAgreement, the entries made in the accounts maintained pursuant to Clause 27.2 35.3 (EVIDENCE OF DEBTEvidence of Debt) or and Clause 27.3 35.4 (CONTROL ACCOUNTSControl Accounts) shall be PRIMA FACIE prima facie evidence of the existence and extent amounts of the specified obligations of the Borrower therein recordedObligors.
Appears in 2 contracts
Samples: Credit Agreement (NTL Inc/De/), Credit Agreement (NTL Delaware Inc)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility Document, the entries made in the accounts maintained pursuant to Clause 27.2 (EVIDENCE OF DEBT) or Clause 27.3 (CONTROL ACCOUNTS) shall be PRIMA FACIE evidence of the existence and extent of the obligations of the Borrower Borrowers therein recorded.
Appears in 2 contracts
Samples: Junior Facility Agreement (General Maritime Corp), Senior Facility Agreement (General Maritime Corp)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility Financing Document, the entries made in the accounts maintained pursuant to Clause 27.2 (EVIDENCE OF DEBT) or Clause 27.3 (CONTROL ACCOUNTS) shall be PRIMA FACIE evidence of the existence and extent of the obligations of the Borrower therein recorded.
Appears in 2 contracts
Samples: Junior Facility Agreement (General Maritime Corp), Senior Facility Agreement (General Maritime Corp)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility DocumentAgreement, the entries made in the accounts maintained pursuant to Clause 27.2 30.3 (EVIDENCE OF DEBTEvidence of Debt) or and Clause 27.3 30.4 (CONTROL ACCOUNTSControl Accounts) shall be PRIMA FACIE prima facie evidence of the existence and extent amounts of the specified obligations of the Borrower therein recordedObligors.
Appears in 1 contract
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility DocumentAgreement, the entries made in the accounts maintained pursuant to Clause 27.2 39.3 (EVIDENCE OF DEBTEvidence of Debt) or and Clause 27.3 39.4 (CONTROL ACCOUNTSControl Accounts) shall be PRIMA FACIE prima facie evidence of the existence and extent amounts of the specified obligations of the Borrower therein recordedObligors.
Appears in 1 contract
Samples: Credit Agreement (NTL Inc/De/)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility DocumentAgreement, the entries made in the accounts maintained pursuant to Clause 27.2 38.3 (EVIDENCE OF DEBTEvidence of Debt) or and Clause 27.3 38.4 (CONTROL ACCOUNTSControl Accounts) shall shall, in the absence of manifest error, be PRIMA FACIE prima facie evidence of the existence and extent amounts of the specified obligations of the Borrower therein recordedObligors.
Appears in 1 contract
Samples: Senior Credit Agreement (Transworld Healthcare Inc)
Prima Facie Evidence. In any legal action or proceeding arising out of or in connection with this Agreement and/or any other Facility DocumentAgreement, the entries made in the accounts maintained pursuant to Clause 27.2 26.1 (EVIDENCE OF DEBT) or Clause 27.3 (CONTROL ACCOUNTSEvidence of Debt) shall be PRIMA FACIE prima facie evidence of the existence and extent amounts of the specified obligations of the Borrower therein recordedBorrower.
Appears in 1 contract
