Common use of Notes and Records Clause in Contracts

Notes and Records. (a) The Revolving Loans, Term Loans and Swingline Loans made by each Lender shall be evidenced by a Revolving Credit Note, Term Note and Swingline Note, respectively, duly executed on behalf of the Borrower, dated the Closing Date, payable to the order of such Lender in a principal amount equal to such Lender's Revolving Credit Commitment, in the case of its Revolving Credit Note, such Lender's Term Commitment, in the case of its Term Note or such Lender's Swingline Commitment, in the case of its Swingline Note. The outstanding principal balance of each Loan, as evidenced by such a Note, shall be payable (i) in the case of a Swingline Loan, on the last day of the Interest Period applicable to such Loan and on the Revolving Credit Maturity Date, (ii) in the case of a Revolving Loan, on the Revolving Credit Maturity Date and (iii) in the case of a Term Loan, as provided in Section 2.11. (b) 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 Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid such Lender from time to time under this Agreement. Each Lender shall, and is hereby authorized by the Borrower to, endorse on the schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender's internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans made by such Lender in accordance with the terms of this Agreement and the applicable Note. (c) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period applicable 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 and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower or any Guarantor and each Lender's share thereof. (d) The entries made in the accounts maintained pursuant to clauses (b) and (c) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans in accordance with their terms.

Notes and Records. (a) The Revolving Loans, Term Loans and Swingline Loans made by each Lender shall be evidenced by a Revolving Credit Note, Term Note and Swingline Note, respectively, duly executed on behalf of the Borrower, dated the Closing Date, payable to the order of such Lender in a principal amount equal to such Lender's Revolving Credit Commitment, in the case of its Revolving Credit Note, such Lender's Term Commitment, in the case of its Term Note or such Lender's Swingline Commitment, in the case of its Swingline Note. The outstanding principal balance of each Loan, as evidenced by such a Note, shall be payable (i) in the case of a Swingline Loan, on the last day of the Interest Period applicable to such Loan and on the Revolving Credit Maturity Date, (ii) in the case of a Revolving Loan, on the Revolving Credit Maturity Date and (iii) in the case of a Term Loan, as provided in Section 2.11. (b) 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 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 under this Agreement. Each Lender shall, and is hereby authorized by the Borrower to, endorse on the schedule attached to each Note delivered to such Lender (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such Lender's internal records, an appropriate notation evidencing the date and amount of each Loan from such Lender, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender to make such a notation or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans made by such Lender in accordance with the terms of this Agreement and the applicable Note. (c) The Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period applicable 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 and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower or any Guarantor and each Lender's share thereof. (d) The entries made in the accounts maintained pursuant to clauses (b) and (c) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans in accordance with their terms.

Notes and Records. (a) The If any Bank so requests, the Revolving Loans, Term Loans and Swingline Loans made by each Lender such Bank shall be evidenced by a Revolving Credit Note, Term Note and Swingline Note, respectively, duly executed on behalf of the Borrower, dated the Closing Initial Borrowing Date, payable to in the order amount of such Lender in a principal amount equal to such LenderBank's Revolving Credit Commitment. If any Bank so requests, the Term Loans made by such Bank shall be evidenced by a Term Note duly executed on behalf of the Borrower, dated the Initial Borrowing Date, in the case amount of its Revolving Credit Note, such LenderBank's Term Loan Commitment. If a Swingline Bank so requests, the Swingline Loans shall be evidenced by a Swingline Note duly executed on behalf of the Borrower, dated the Initial Borrowing Date, in the case amount of its Term Note or such Lender's Swingline Commitment, in the case of its Swingline Note$100,000,000. The outstanding principal balance of each Loan, as Loans not evidenced by a Note shall only be assigned or otherwise transferred by registration of such a Note, shall be payable (i) in the case assignment or transfer of a Swingline Loan, on the last day of the Interest Period applicable to such Loan and on the Revolving Credit Maturity Date, (ii) in the case of a Revolving Loan, on the Revolving Credit Maturity Date and (iii) in the case of a Term Loan, as provided in Section 2.11Loans. (b) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid such Lender Bank from time to time under this Agreement. Each Lender Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule attached to each Note delivered to such Lender Bank (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such LenderBank's internal records, an appropriate notation evidencing the date and amount of each Loan from such LenderBank, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender Bank to make such a notation or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans made by such Lender Bank in accordance with the terms of this Agreement and the applicable Note. (c) The Senior Administrative Agent shall maintain accounts in which it will record (i) the name and address of each Bank issuing a Loan, the amount of each Loan made hereunder, the Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Senior Administrative Agent hereunder from the Borrower or any Guarantor other Obligor and each LenderBank's share thereof. (d) The entries made in the accounts maintained pursuant to clauses (b) and (c) shall be prima facie evidence conclusive evidence, in the absence of demonstrable error, of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender Bank or the Senior Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans in accordance with their terms. (e) Promptly upon receipt and in any event not less often than once per week, the Senior Administrative Agent will distribute to each Bank its share of the net amount of payments received by the Senior Administrative Agent.

Notes and Records. (a) The If any Bank so requests, the Revolving Loans, Term Loans and Swingline Loans made by each Lender such Bank shall be evidenced by a Revolving Credit Note, Term Note and Swingline Note, respectively, duly executed on behalf of the Borrower, dated the Closing Initial Borrowing Date, payable to in the order amount of such Lender in a principal amount equal to such LenderBank's Revolving Credit Commitment. If any Bank so requests, the Term Loans made by such Bank shall be evidenced by a Term Note duly executed on behalf of the Borrower, dated the Initial Borrowing Date, in the case amount of its Revolving Credit Note, such LenderBank's Term Loan Commitment. If a Swingline Bank so requests, the Swingline Loans shall be evidenced by a Swingline Note duly executed on behalf of the Borrower, dated the Initial Borrowing Date, in the case amount of its Term Note or such Lender's Swingline Commitment, in the case of its Swingline Note. The outstanding principal balance of each Loan, as evidenced by such a Note, shall be payable (i) in the case of a Swingline Loan, on the last day of the Interest Period applicable to such Loan and on the Revolving Credit Maturity Date, (ii) in the case of a Revolving Loan, on the Revolving Credit Maturity Date and (iii) in the case of a Term Loan, as provided in Section 2.11$100,000,000. (b) Each Lender Bank shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender Bank resulting from each Loan made by such Lender Bank from time to time, including the amounts of principal and interest payable and paid such Lender Bank from time to time under this Agreement. Each Lender Bank shall, and is hereby authorized by the Borrower to, endorse on the schedule attached to each Note delivered to such Lender Bank (or on a continuation of such schedule attached to such Note and made a part thereof), or otherwise to record in such LenderBank's internal records, an appropriate notation evidencing the date and amount of each Loan from such LenderBank, each payment and prepayment of principal of any such Loan, each payment of interest on any such Loan and the other information provided for on such schedule; provided, however, that the failure of any Lender Bank to make such a notation or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans made by such Lender Bank in accordance with the terms of this Agreement and the applicable Note. (c) The Senior Administrative Agent shall maintain accounts in which it will record (i) the amount of each Loan made hereunder, the Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender Bank hereunder and (iii) the amount of any sum received by the Senior Administrative Agent hereunder from the Borrower or any Guarantor other Obligor and each LenderBank's share thereof. (d) The entries made in the accounts maintained pursuant to clauses (b) and (c) shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender Bank or the Senior Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligations of the Borrower to repay the Loans in accordance with their terms. (e) Not less often than once per week, the Senior Administrative Agent will distribute to each Bank its share of the net amount of payments received by the Senior Administrative Agent.