Common use of Notes; Telephonic Notices Clause in Contracts

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, provided, however, that the failure to so record or any error in any such record shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Sources: Interim Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans to the Borrower and each repayment with respect to its Loans on the schedule attached to its respective Note; PROVIDED, provided, howeverHOWEVER, that the failure to so record or any error in any such record shall not affect the Borrower's obligations under any such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue extend Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmationconfirmation signed by an Authorized Officer, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officernotice. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, (i) the records of the Agent and the Lenders telephonic notice shall govern absent manifest errorerror and (ii) the Agent or the Lender, as applicable, shall promptly notify the Authorizing Officer who provided such confirmation of such difference.

Appears in 2 contracts

Sources: Credit Agreement (American Medserve Corp), Credit Agreement (American Medserve Corp)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, provided, however, that neither the failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person Person or persons Persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmationconfirmation signed by an Authorized Officer, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officernotice. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Sources: Credit Agreement (Platinum Technology Inc), Credit Agreement (Platinum Technology International Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, Notes; provided, however, that the failure to so record (or any error in any such record recording) shall not affect the Borrower's Borrowers' obligations under each such Note. The Borrower Borrowers hereby authorizes authorize the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the BorrowerBorrowers. The Each Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an one of its Authorized OfficerOfficers. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Sources: Credit Agreement (Astec Industries Inc), Credit Agreement (Astec Industries Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule schedules attached to its NoteNotes, provided, however, that neither the failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such NoteNotes. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 2 contracts

Sources: Credit Agreement (Mego Mortgage Corp), Credit Agreement (Mego Mortgage Corp)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Revolving Credit Note, ; provided, however, that neither the failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer or assistant treasurer of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (SPX Corp)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, ; provided, however, that neither the failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances Advances, submit Competitive Bid Quotes and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (Alleghany Corp /De)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment with respect to its Loans on the schedule attached to its Note, respective Notes; provided, however, that the failure to so record or any error in any such record shall not affect the Borrower's obligations under any such Note. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue extend Revolving Advances, effect selections of Types of Revolving Advances and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, signed by an Authorized Officer, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officernotice. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, (i) the records of the Agent and the Lenders telephonic notice shall govern absent manifest errorerror and (ii) the Administrative Agent or the Lender, as applicable, shall promptly notify the Authorizing Officer who provided such confirmation of such difference.

Appears in 1 contract

Sources: Credit Agreement (Wabash National Corp /De)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, Notes; provided, however, that the failure to so record or any error in any such record shall not affect the Borrower's obligations under such Noteany Loan Document. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to Advances, transfer funds and submit Competitive Bid Quotes, in each case based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (Firstar Corp /Wi/)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, Notes; provided, however, that the failure to so record or any error in any such record shall not affect the Borrower's obligations under such Noteany Loan Document. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to Advances, transfer funds and submit Competitive Bid Quotes, in each case based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (Jostens Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment with respect to its Loans on the schedule attached to its Note, respective Notes; provided, however, that the failure to so record or any error in any such record shall not affect the Borrower's obligations under any such Note. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue extend Syndicated Advances, effect selections of Types of Syndicated Advances and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, signed by an Authorized Officer, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officernotice. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, (i) the records of the Agent and the Lenders telephonic notice shall govern absent manifest errorerror and (ii) the Administrative Agent or the Lender, as applicable, shall promptly notify the Authorizing Officer who provided such confirmation of such difference.

Appears in 1 contract

Sources: Credit Agreement (Wabash National Corp /De)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Note, ; provided, however, that neither the failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (Luiginos Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its Revolving Credit Note, ; provided, however, that neither the failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (Rawlings Sporting Goods Co Inc)

Notes; Telephonic Notices. Each Lender is hereby authorized to ------------------------- record the principal amount of each of its Loans and each repayment on the schedule attached to its applicable Note, ; provided, however, that neither the -------- ------- failure to so record or nor any error in any such record recordation shall not affect the Borrower's obligations under such Note. The Borrower hereby authorizes the Lenders and the Agent to extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds based on telephonic notices made by any person or persons the Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Agent and the Lenders, the records of the Agent and the Lenders shall govern absent manifest error.

Appears in 1 contract

Sources: Credit Agreement (Money Store Inc /Nj)