Registry. (a) The Administrative Agent shall maintain a register (the “Register”) on which it will record the Revolving Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documents. (b) The Company hereby agrees that, upon the request of any Bank at any time, such Bank’s Loans shall be evidenced by a promissory note or notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, payable to the order of such Bank and representing the obligation of the Company to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 5 contracts
Samples: Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc)
Registry. (a) The Administrative Agent shall maintain a register (the “Register”) on which it will record the Revolving Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a10.09(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a10.09(a), and the Administrative Agent shall make the applicable recording on the Register promptly after such acceptance. The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documents.
(b) The Company hereby agrees that, upon the request of any Bank at any time, such Bank’s Loans shall be evidenced by a promissory note or notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, payable to the order of such Bank or its registered assigns and representing the obligation of the Company to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 4 contracts
Samples: Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc)
Registry. (a) The Administrative Agent shall maintain a register (the “"Register”") on which it will record the Revolving Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documents.
(b) The Company hereby agrees that, upon the request of any Bank at any time, such Bank’s 's Loans shall be evidenced by a promissory note or notes of the Company (each a “Note”"NOTE"), substantially in the form of Exhibit D hereto, payable to the order of such Bank and representing the obligation of the Company to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 3 contracts
Samples: Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc), 364 Day Credit Agreement (General Mills Inc)
Registry. (a) The Administrative Agent shall maintain a register (the “"Register”") on which it will record the Revolving Commitment Commitment(s) of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment Commitments of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a9.06(c). The registration of assignment or other transfer of all or part of the Revolving Commitmentany Commitments, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a9.06(c). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company Borrower and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company Borrower may not replace any Bank pursuant to Section 3.07 8.06 unless, with respect to any Loans made Notes held by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment Commitment(s) and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company any Obligor under the Loan DocumentsDocuments in respect of the Loans.
(b) The Company Borrower hereby agrees that, upon the request of any Bank at any time, such Bank’s 's Loans shall be evidenced by a promissory note or notes of the Company Borrower (each a “"Note”"), substantially in the form of Exhibit D C hereto, payable to the order of such Bank and representing the obligation of the Company Borrower to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 2 contracts
Samples: Credit Agreement (Norfolk Southern Corp), Credit Agreement (Norfolk Southern Corp)
Registry. (a) The Administrative Agent shall maintain a register (the a “Register”) on which it will record the Revolving Commitment of each BankLender, each Loan Advance made by such Bank each Lender and each repayment of any Loan such Advance made by to such BankLender. Any such recordation by the Administrative Agent on the a Register shall be conclusive, absent manifest error. With respect to any BankLender, the assignment or other transfer of the Revolving Commitment of such Bank Lender and the rights to the principal of, and interest on, any Loan Advance made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the applicable Register and otherwise complies with Section 10.08(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a)9.06. The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company Borrowers and any Bank Lender at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank Lender shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and LoansAdvances. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company any Borrower under the Loan Documents.
(b) The Company Each Borrower hereby agrees that, upon the request of any Bank Lender at any time, any or all of such BankLender’s Loans Advances shall be evidenced by a promissory note one or notes more Notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, such Borrower payable to the order of such Bank Lender and representing the obligation of the Company such Borrower to pay the unpaid principal amount of the Loans such Advances to such Borrower made by such BankLender, with interest as provided herein on the unpaid principal amount of such Advances from time to time outstanding.
Appears in 2 contracts
Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)
Registry. (a) The Administrative Agent shall maintain a register (the “"Register”") on which it will record the Revolving Commitment of each BankLender, each Loan made by such Bank Lender and each repayment of any Loan made by such BankLender. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any BankLender, the assignment or other transfer of the Revolving Commitment of such Bank Lender and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a9.6(c). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank Lender shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a9.6(c). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company Borrower and any Bank Lender at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company Borrower may not replace any Bank Lender pursuant to Section 3.07 8.6 unless, with respect to any Loans made Notes held by such BankLender, the requirements of this subsection have been satisfied. Each Bank Lender shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company Borrower or any Lender under the Loan Documents.
(b) The Company Borrower hereby agrees that, upon the request of any Bank Lender at any time, such Bank’s Lender's Loans shall be evidenced by a promissory note or notes of the Company Borrower (each a “"Note”"), substantially in the form of Exhibit D A hereto, payable to the order of such Bank Lender and representing the obligation of the Company Borrower to pay the unpaid principal amount of the Loans made by such BankLender, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 2 contracts
Samples: Credit Agreement (Norfolk Southern Corp), Credit Agreement (Norfolk Southern Corp)
Registry. (a) The Administrative Agent shall maintain a register (the “Register”"REGISTER") on which it will record the Revolving Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documents.
(b) The Company hereby agrees that, upon the request of any Bank at any time, such Bank’s 's Loans shall be evidenced by a promissory note or notes of the Company (each a “Note”"NOTE"), substantially in the form of Exhibit D hereto, payable to the order of such Bank and representing the obligation of the Company to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 1 contract
Samples: Credit Agreement (General Mills Inc)
Registry. (a) The Administrative Agent shall maintain a register (the “"Register”") on which it will record the Revolving Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a9.6(c). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a9.6(c). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company Borrower and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company Borrower may not replace any Bank pursuant to Section 3.07 8.6 unless, with respect to any Loans made Notes held by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company Borrower under the Loan Documents.
(b) The Company Borrower hereby agrees that, upon the request of any Bank at any time, such Bank’s 's Loans shall be evidenced by a promissory note or notes of the Company Borrower (each a “"Note”"), substantially in the form of Exhibit D A hereto, payable to the order of such Bank and representing the obligation of the Company Borrower to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 1 contract
Registry. (a) The Each Administrative Agent shall maintain a register (the “a "Register”") on which it will record the Revolving Commitment (if any) of the applicable Class of each Bank, each Loan of such Class made by such Bank and each repayment of any such Loan made by such Bank. Any such recordation by the an Administrative Agent on the a Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment (if any) of the applicable Class of such Bank and the rights to the principal of, and interest on, any Loan of such Class made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the applicable Register and otherwise complies with Section 10.08(a11.06(c). The registration of assignment or other transfer of all or part of the Revolving Commitmentany Commitments, Loans and Notes for a Bank shall be recorded by the applicable Administrative Agent on the applicable Register only upon the acceptance by the such Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a11.06(c). The Each Register shall be available at the offices where kept by the applicable Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the such Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documentsany Borrower hereunder.
(b) The Company Each Borrower hereby agrees that, upon the request of any Bank at any time, any or all of such Bank’s 's Loans shall be evidenced by a promissory note one or notes more Notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, such Borrower payable to the order of such Bank and representing the obligation of the Company such Borrower to pay the unpaid principal amount of the such Loans to such Borrower made by such Bank, with interest as provided herein on the unpaid principal amount of such Loans from time to time outstanding.
Appears in 1 contract
Samples: Credit Agreement (Betzdearborn Inc)
Registry. (a) The Administrative Agent shall maintain a register (the a “Register”) on which it will record the Revolving Commitment of each BankLender, each Loan Advance made by such Bank each Lender and each repayment of any Loan such Advance made by to such BankLender. Any such recordation by the Administrative Agent on the a Register shall be conclusive, absent manifest error. With respect to any BankLender, the assignment or other transfer of the Revolving Commitment of such Bank Lender and the rights to the principal of, and interest on, any Loan Advance made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the applicable Register and otherwise complies with Section 10.08(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a)9.06. The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company Borrowers and any Bank Lender at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank Lender shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and LoansAdvances. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company any Borrower under the Loan Documents.
(ba) The Company Each Borrower hereby agrees that, upon the request of any Bank Lender at any time, any or all of such BankLender’s Loans Advances shall be evidenced by a promissory note one or notes more Notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, such Borrower payable to the order of such Bank Lender and representing the obligation of the Company such Borrower to pay the unpaid principal amount of the Loans such Advances to such Borrower made by such BankLender, with interest as provided herein on the unpaid principal amount of such Advances from time to time outstanding.
Appears in 1 contract
Samples: Credit Agreement (Ace LTD)
Registry. (a) The Administrative Agent shall maintain a register (the a “Register”) on which it will record the Revolving Commitment of each BankLender, each Loan Advance made by such Bank each Lender and each repayment of any Loan such Advance made by to such BankLender. Any such recordation by the Administrative Agent on the a Register shall be conclusive, absent manifest error. With respect to any BankLender, the assignment or other transfer of the Revolving Commitment of such Bank Lender and the rights to the principal of, and interest on, any Loan Advance made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the applicable Register and otherwise complies with Section 10.08(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a)9.06. The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company Borrower and any Bank Lender at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank Lender shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and LoansAdvances. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company Borrower under the Loan Documents.
(b) The Company Borrower hereby agrees that, upon the request of any Bank Lender at any time, such BankLender’s Loans Advance shall be evidenced by a promissory note or notes Note of the Company (each a “Note”), substantially in the form of Exhibit D hereto, Borrower payable to the order of such Bank Lender and representing the obligation of the Company Borrower to pay the unpaid principal amount of the Loans made by such BankAdvance, with interest as provided herein on the unpaid principal amount of such Advance from time to time outstanding.
Appears in 1 contract
Samples: Term Loan Agreement (Ace LTD)
Registry. (a) The Administrative Agent shall maintain a register (the “Register”) on which it will record the Revolving Commitment of each Bank, each Loan made by such Bank and each repayment of any Loan made by such Bank. Any such recordation by the Administrative Agent on the Register shall be conclusive, absent manifest error. With respect to any Bank, the assignment or other transfer of the Revolving Commitment of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement shall not be effective until such assignment or other transfer is recorded on the Register and otherwise complies with Section 10.08(a10.09(a). The registration of assignment or other transfer of all or part of the Revolving Commitment, Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred to in Section 10.08(a10.09(a). The Register shall be available at the offices where kept by the Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documents.
(b) The Company hereby agrees that, upon the request of any Bank at any time, such Bank’s Loans shall be evidenced by a promissory note or notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, payable to the order of such Bank and representing the obligation of the Company to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 1 contract
Samples: Credit Agreement (General Mills Inc)
Registry. (a) The Borrower hereby designates the Administrative Agent shall to serve as the Borrower's agent, solely for purposes of this Section 12.17, to maintain a register (the “"Register”") on which it will record the Revolving Commitment Commitments from time to time of each of the Banks, the Loans (including, with respect to each Competitive Bid Loan, the maturity and interest rates applicable thereto) made by each of the Banks and each repayment in respect of the principal amount of the Loans of each Bank. Failure to make any such recordation, each Loan made by such Bank and each repayment of or any Loan made by such Bank. Any error in such recordation by shall not affect the Administrative Agent on the Register shall be conclusive, absent manifest errorBorrower's obligations in respect of such Loans. With respect to any Bank, the assignment or other transfer of the Revolving Commitment Commitments of such Bank and the rights to the principal of, and interest on, any Loan made and Note issued pursuant to this Agreement such Commitments shall not be effective until such assignment or other transfer is recorded on the Register maintained by the Administrative Agent with respect to ownership of such Commitments and otherwise complies Loans and prior to such recordation all amounts owing to the transferor with Section 10.08(a)respect to such Commitments and Loans shall remain owing to the transferor. The registration of assignment or other transfer of all or part of the Revolving Commitment, any Commitments and Loans and Notes for a Bank shall be recorded by the Administrative Agent on the Register only upon the acceptance by the Administrative Agent of a properly executed and delivered Assignment and Assumption Agreement referred pursuant to in Section 10.08(a12.04(b). The Register Coincident with the delivery of such an Assignment and Assumption Agreement to the Administrative Agent for acceptance and registration of assignment or transfer of all or part of a Loan, or as soon thereafter as practicable, the assigning or transferor Bank shall surrender the Note evidencing such Loan, and thereupon one or more new Notes in the same aggregate principal amount shall be available at issued to the offices where kept assigning or transferor Bank and/or the new Bank. The Borrower agrees to indemnify the Administrative Agent from and against any and all losses, claims, damages and liabilities of whatsoever nature which may be imposed on, asserted against or incurred by the Administrative Agent for inspection by the Company and any Bank at any reasonable time upon reasonable prior notice to the Administrative Agent. The Company may not replace any Bank pursuant to in performing its duties under this Section 3.07 unless, with respect to any Loans made by such Bank, the requirements of this subsection have been satisfied. Each Bank shall record on its internal records (including computerized systems) the foregoing information as to its own Revolving Commitment and Loans. Failure to make any such recordation, or any error in such recordation, shall not affect the obligations of the Company under the Loan Documents12.17.
(b) The Company hereby agrees that, upon the request of any Bank at any time, such Bank’s Loans shall be evidenced by a promissory note or notes of the Company (each a “Note”), substantially in the form of Exhibit D hereto, payable to the order of such Bank and representing the obligation of the Company to pay the unpaid principal amount of the Loans made by such Bank, with interest as provided herein on the unpaid principal amount from time to time outstanding.
Appears in 1 contract