Common use of Notes and Loan Accounts Clause in Contracts

Notes and Loan Accounts. (a) The Loans made by each Lender shall, at the request of such Lender, be evidenced by a duly executed Note. Alternatively or in addition thereto, each Lender may, in accordance with its usual practice, maintain an account or accounts in respect of Loans made by it pursuant to its Commitment in respect of any Facility. Any entries made by such Lender on the back of any Note or on any grid appended thereto and any entries made by any such Lender in maintenance of any such account, with respect to the principal amount of any Loan made by such Lender, any interest accrued thereon and any payments made by the Relevant Borrower in respect of the outstanding principal amount of any such Loan or any interest accrued thereon shall, to the extent not inconsistent with the notations made by the Administrative Agent in the Register and absent manifest error, constitute conclusive evidence of the amount of the Indebtedness, at any particular time and from time to time, owing by the Relevant Borrower to such Lender in respect of the Relevant Facility. Notwithstanding the foregoing, the failure by any Lender to obtain any such Note from any Borrower or to maintain any such account or to make any such entries thereon or therein shall not limit or prejudice any claim by such Lender against any such Borrower in respect of such Borrower’s Indebtedness to such Lender hereunder. (b) The Administrative Agent, on behalf of each Borrower, shall maintain at its address referred to in Section 11.1, a copy of each Assignment Agreement delivered to it and a register (the “Register”) for the recordation of the names and addresses of the Lenders and the Commitment of, and the principal amount of and interest on the Loan owing to, and the Notes evidencing such Loans owned by, each Lender from time to time. Failure to make any recordation, or any error in such recordation, shall not affect any Borrower’s obligation in respect of such Loans. Notwithstanding anything in this Agreement to the contrary, the Borrowers, the Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owners of the Loan, the Notes and the Commitments recorded therein for the purpose of this Agreement. The entries in the Register shall be conclusive, absent manifest error, and the parties hereto shall treat each person whose name is recorded in the Register as the owner of an Extension of Credit or other Obligation hereunder as the owner thereof for all purposes of the Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by the Borrowers or any Creditor at any reasonable time and from time to time upon reasonable prior notice.

Notes and Loan Accounts. (a) The Loans made by each Lender shall, at the request of such Lender, be evidenced by a duly executed Note. Alternatively or in addition thereto, each Lender may, in accordance with its usual practice, maintain an account or accounts in respect of Loans made by it pursuant to its Commitment in respect of any Facility. Any entries made by such Lender on the back of any Note or on any grid appended thereto and any entries made by any such Lender in maintenance of any such account, with respect to the principal amount of any Loan made by such Lender, any interest accrued thereon and any payments made by the Relevant Borrower in respect of the outstanding principal amount of any such Loan or any interest accrued thereon shall, to the extent not inconsistent with the notations made by the Administrative Agent in the Register and absent manifest error, constitute conclusive evidence of the amount of the Indebtedness, at any particular time and from time to time, owing by the Relevant Borrower to such Lender in respect of the Relevant Facility. Notwithstanding the foregoing, the failure by any Lender to obtain any such Note from any Borrower or to maintain any such account or to make any such entries thereon or therein shall not limit or prejudice any claim by such Lender against any such Borrower in respect of such Borrower’s 's Indebtedness to such Lender hereunder. (b) The Administrative Agent, on behalf of each Borrower, shall maintain at its address referred to in Section 11.1, a copy of each Assignment Agreement delivered to it and a register (the “''Register”'') for the recordation of the names and addresses of the Lenders and the Commitment of, and the principal amount of and interest on the Loan owing to, and the Notes evidencing such Loans owned by, each Lender from time to time. Failure to make any recordation, or any error in such recordation, shall not affect any Borrower’s 's obligation in respect of such Loans. Notwithstanding anything in this Agreement to the contrary, the Borrowers, the Administrative Agent and the Lenders shall treat each Person whose name is recorded in the Register as the owners of the Loan, the Notes and the Commitments recorded therein for the purpose of this Agreement. The entries in the Register shall be conclusive, absent manifest error, and the parties hereto shall treat each person whose name is recorded in the Register as the owner of an Extension of Credit or other Obligation hereunder as the owner thereof for all purposes of the Credit Documents, notwithstanding any notice to the contrary. The Register shall be available for inspection by the Borrowers or any Creditor at any reasonable time and from time to time upon reasonable prior notice.