Telephone Recording. The Borrower agrees that the Bank may electronically record all telephone conversations between the Borrower and the Bank with respect to any FX Transaction and that any such recording may be submitted in evidence in any arbitration or other legal proceeding. Such recording shall be deemed to be conclusive evidence as to the terms of any FX Transaction in the event of a dispute.
Appears in 9 contracts
Samples: Credit Agreement (Applied Signal Technology Inc), Credit Agreement (Alphatec Holdings, Inc.), Credit Agreement (Alphatec Holdings, Inc.)
Telephone Recording. The Borrower agrees that the Bank Lender may electronically record all telephone conversations between the Borrower and the Bank Lender with respect to any FX Transaction transaction and that any such recording may be submitted in evidence in any arbitration or other legal proceeding. Such recording shall be deemed to be conclusive evidence as to the terms of any FX Transaction transaction in the event of a dispute.
Appears in 5 contracts
Samples: Loan and Security Agreement (Truett-Hurst, Inc.), Loan and Security Agreement (Truett-Hurst, Inc.), Loan Agreement (Truett-Hurst, Inc.)
Telephone Recording. The Borrower agrees that the Bank Lender may electronically record all telephone conversations between the Borrower and the Bank Lender with respect to any FX Transaction transaction and that any such recording may be submitted in evidence in any arbitration or other legal proceeding. Such recording shall be deemed to be conclusive evidence as to the terms of any FX Transaction transaction in the event of a dispute.
Appears in 1 contract
Samples: Loan and Security Agreement (Guidance Software, Inc.)
Telephone Recording. The Borrower agrees that the Bank may electronically record all telephone conversations between it and the Borrower and the Bank with respect to any FX Transaction transactions contemplated under this Agreement and that any such tape recording may be submitted in evidence in any arbitration or other legal proceeding. Such recording shall be deemed to be conclusive evidence In the event of any dispute, the as to the terms of an FX Transaction, the Bank may use electronic recordings as the preferred evidence of the terms of such FX Transaction, notwithstanding the existence of any FX Transaction in writing to the event of a disputecontrary.
Appears in 1 contract
Samples: Commercial Credit Agreement (Interactive Group Inc)