Common use of Evidence of Indebtedness; Notes Clause in Contracts

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Agent shall also maintain accounts in which it will record (i) the amount of each Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iii) the amount of any sum received by the Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) The Borrower’s obligation to repay the principal of and interest on the Advances made by each Lender shall be evidenced by a Note, duly executed and delivered by the Borrower, with respect to the Advances made by such Lender.

Appears in 1 contract

Sources: Loan Agreement (Gametech International Inc)

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each AdvanceLoan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) The Borrower’s obligation to repay the principal of and interest on the Advances made by each Any Lender shall may request that its Loans be evidenced by a NoteNote or Notes. In such event, duly executed the Borrower shall prepare, execute and delivered deliver to such Lender a Note or Notes payable to the order of such Lender in a form supplied by the Borrower, with respect to the Advances made by such Lender.Administrative Agent and reasonably

Appears in 1 contract

Sources: Credit Agreement (Jones Lang Lasalle Inc)

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender it and resulting from each Advance the Advances made by such Lender to the Borrower, from time to time, including the amounts of principal and interest payable thereon and paid to such Lender it, from time to time hereunder. (b) The Agent shall also maintain accounts in which it will record (i) the amount of each Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iii) the amount of any sum received by the Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, provided that the failure of the Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations Advances in accordance with their termsthe terms of this Agreement. The Collateral Agent shall be entitled to conclusively rely upon the information provided to it by the Administrative Agent with respect to the Advances outstanding with respect to each Lender. (db) The Borrower’s obligation Any Lender may request that its Advances to repay the principal of and interest on the Advances made by each Lender shall Borrower be evidenced by a Note. In such event, duly executed the Borrower shall promptly prepare, execute and delivered deliver to such Lender a Note payable to such Lender and otherwise appropriately completed. Thereafter, the Advances of such Lender evidenced by the Borrowersuch Note and interest thereon shall at all times (including after any assignment pursuant to Section 12.06(a)) be represented by a Note payable to such Lender (or registered assigns pursuant to Section 12.06(a)), with respect except to the extent that such Lender (or assignee) subsequently returns any such Note for cancellation and requests that such Advances made by such Lenderonce again be evidenced as described in clause (a) of this Section 2.03.

Appears in 1 contract

Sources: Credit and Security Agreement (Bain Capital Specialty Finance, Inc.)

Evidence of Indebtedness; Notes. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each AdvanceLoan made hereunder, the type thereof and the Interest Period with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender’s share thereof. (c) The entries maintained in the accounts maintained pursuant to paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Obligations in accordance with their terms. (d) The Borrower’s obligation to repay the principal of and interest on the Advances made by each Any Lender shall may request that its Loans be evidenced by a NoteNote or Notes. In such event, duly executed the Borrower shall prepare, execute and delivered deliver to such Lender a Note or Notes payable to the order of such Lender in a form supplied by the Borrower, with respect to the Advances made by such Lender.Administrative Agent and reasonably -15-

Appears in 1 contract

Sources: Credit Agreement (Jones Lang Lasalle Inc)