Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 767 contracts
Sources: Term Credit Facility Agreement (Axian Telecom), Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Term Loan Facility Agreement (Okeanis Eco Tankers Corp.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lender are prima facie evidence of the matters to which they relate.
Appears in 111 contracts
Sources: Secured Term Loan Facility (United Maritime Corp), Term Loan Facility (Okeanis Eco Tankers Corp.), Term Loan Facility Agreement (Globus Maritime LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence (Beweis des ersten Anscheins) of the matters to which they relate.
Appears in 19 contracts
Sources: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, Document the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 8 contracts
Sources: Facility Agreement, Facilities Agreement (Sappi LTD), Term Loan Facility Agreement (Sappi LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, in the absence of manifest error the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 7 contracts
Sources: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa), Loan Agreement (Luxottica Group Spa)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Financing Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 6 contracts
Sources: Syndicated Credit Agreement, Credit Agreement (France Telecom /), Facility Agreement (Gold Fields LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Bank are prima facie evidence of the matters to which they relate.
Appears in 6 contracts
Sources: Facility Agreement (NXP Semiconductors N.V.), Facility Agreement (NXP Semiconductors N.V.), Guarantee Facility Agreement (T-Mobile US, Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party Creditor are prima facie evidence of the matters to which they relate.
Appears in 5 contracts
Sources: Term Loan Facility Agreement (Danaos Corp), Term Loan Facility Agreement (Danaos Corp), Term Loan Facility Agreement (Danaos Corp)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie sufficient evidence of the matters to which they relaterelate unless the contrary is proved.
Appears in 4 contracts
Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Issuing Bank are prima facie evidence of the matters to which they relate.
Appears in 4 contracts
Sources: Letter of Credit Facility Agreement (Tower Group International, Ltd.), Multicurrency Letter of Credit Facility Agreement (Flagstone Reinsurance Holdings, S.A.), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Senior Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 4 contracts
Sources: Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Senior Facilities Agreement (Nordic Telephone CO ApS), Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party Holder are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Note Purchase Agreement, Subscription Agreement (Radius Global Infrastructure, Inc.), Subscription Agreement (Radius Global Infrastructure, Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a PIK Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a New Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Financing Agreement, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a the Finance Party Parties are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Guarantee, Cession and Pledge Agreement (Net 1 Ueps Technologies Inc), Subordination Agreement (Net 1 Ueps Technologies Inc), Shareholder Guarantee, Cession and Pledge Agreement (Net 1 Ueps Technologies Inc)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party Lender are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Facility Agreement (Huang Jianjun), Facility Agreement (Beyond Air, Inc.), Facility Agreement (Best Buy Co Inc)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, Document the entries made in the accounts maintained by the Agent and/or a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Secured Party are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Facility Agreement (Danaos Corp), Facility Agreement (Allied Healthcare International Inc), Facility Agreement (Allied Healthcare International Inc)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Transaction Document, the entries made in the accounts maintained by a Finance Party in the absence of manifest error are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: PDP Facility Agreement (Allegiant Travel CO), Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are are, in the absence of manifest error, prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Sources: Sustainability Linked Revolving Credit Facility Agreement (ICL Group Ltd.), Revolving Credit Facility Agreement (Drdgold LTD), Senior Facilities Agreement (Net 1 Ueps Technologies Inc)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relaterelate subject to absence of a manifest error.
Appears in 2 contracts
Sources: Facility Agreement (Euroseas Ltd.), Facility Agreement (Euroseas Ltd.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie fade evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Term Loan Facility (DryShips Inc.), Term Loan Facility (Star Bulk Carriers Corp.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the any accounts maintained by a Finance Party are the Lender shall be prima facie evidence proof of the matters to which they relate.
Appears in 2 contracts
Sources: Loan Agreement (Harmony Gold Mining Co LTD), Loan Agreement (Harmony Gold Mining Co LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Bridge Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Bridge Facility Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Facility Document, the entries made in the accounts maintained by a Finance Facility Party are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Term and Letter of Credit Facility Agreement (Cascal B.V.), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lender, absent of fraud or manifest error, are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. #4666581/6 82 (104)
Appears in 2 contracts
Sources: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lender or the Calculation Agent are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. Back to Contents
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley PLC)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Senior Finance Party are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie (Beweis des ersten Anscheins) evidence of the matters to which they relate.
Appears in 2 contracts
Sources: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Facility Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate and in any litigation or arbitration proceedings arising out of or in connection with the Servicing Agreement, the entries made in the accounts maintained by the Servicer are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Deed of Proceeds and Priorities (Genesis Lease LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are are, save for manifest error, prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. AMENDED & RESTATED TERM & REVOLVING CREDIT FACILITY AGREEMENT_EXECUTION
Appears in 1 contract
Sources: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lenders are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Term Loan Facility Agreement (Far East Energy Corp)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. A02583129/5.0/05 Feb 2003 Back to Contents
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Facility Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate..
Appears in 1 contract
Sources: Unsecured NGN Term Facility Agreement (IHS Holding LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are shall be prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Rupee Term Facility Agreement (Sterlite Industries (India) LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party Lender are prima facie evidence (Beweis des ersten Anscheins) of the matters to which they relate.
Appears in 1 contract
Sources: Term Facility Agreement (Affimed Therapeutics B.V.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance this Agreement or any Document, the entries made in the accounts maintained by a Senior Finance Party or a Junior Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Transaction Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Transaction Document, the entries made in the accounts maintained by a Finance Party Financier are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Shareholder Term Loan Facility Agreement (PCCW LTD)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Lender or the Servicer are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Facility Agreement (TriLinc Global Impact Fund LLC)
Accounts. 158 ▇▇▇▇▇▇▇▇_1 In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Additional Facility Accession Agreement (Liberty Global PLC)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. |EU-DOCS\34803319.2||
Appears in 1 contract
Sources: Notes Purchase Agreement (Membership Collective Group Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. LRXM/076001.00588/92345437.6Page 102
Appears in 1 contract
Sources: Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. APJ/MSXM/076001.00588/80174749.8Page 102
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. APJ/076001.00588/98366820.7Page 102
Appears in 1 contract
Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. Execution version
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Mercer International Inc.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie are, in the absence of manifest error, conclusive evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a any relevant Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a any Expanded Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party Party, in the absence gross negligence are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance DocumentDocument to which the Lender is a party, the entries made in the accounts maintained by a Finance Party the Lender are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. 104 112
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party Creditor are prima facie evidence of the matters to which they relate.. Certificates and determinations
Appears in 1 contract
Sources: Term Loan Facility Agreement
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance this Agreement or any Document, the entries made in the accounts maintained by a Senior Finance Party or a Subordinated Creditor are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Subordination Agreement
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Sources: Facility Agreement
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relaterelate in the absence of manifest error.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Transaction Document, the entries made in the accounts maintained by the Owner or a Finance Party are prima facie are, in the absence of manifest error, conclusive evidence of the matters to which they relate.
Appears in 1 contract
Sources: Bareboat Charter Amendment (Pangaea Logistics Solutions Ltd.)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. 109
Appears in 1 contract
Sources: Credit Agreement (Corporate Property Associates 16 Global Inc)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Document, the entries made in the accounts maintained by a Finance Party the Receivables Purchaser are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Securitisation Transaction Document, the entries made in the accounts maintained by a Finance Party party are prima facie evidence of the matters to which they relate.
Appears in 1 contract