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 694 contracts
Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line 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 the Lender are prima facie evidence of the matters to which they relate.
Appears in 96 contracts
Samples: Agreement (Mobile Telesystems Ojsc), Agreement (Hafnia LTD), Loan Agreement (Melco Crown Entertainment 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 18 contracts
Samples: Agreement (Hillenbrand, Inc.), Agreement (Sap France S.A.), Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)
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 6 contracts
Samples: Facility Agreement (Sappi LTD), Credit Agreement (Sappi LTD), 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 6 contracts
Samples: Bridge Facility Agreement (Luxottica Group Spa), Term Facility Agreement (Luxottica Group Spa), Term Facility 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 5 contracts
Samples: Facility Agreement (Gold Fields LTD), Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
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 4 contracts
Samples: November 2016 (T-Mobile US, Inc.), Guarantee Facility Agreement (T-Mobile US, Inc.), 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 the Issuing Bank are prima facie evidence of the matters to which they relate.
Appears in 4 contracts
Samples: First Amendment Agreement (Aspen Insurance Holdings LTD), Agreement (Flagstone Reinsurance Holdings, S.A.), Letter of Credit Facility Agreement (Tower Group International, 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
Samples: Agreement (Nordic Telephone CO ApS), Facility Agreement (Avis Budget Group, Inc.), Senior Facilities Agreement (Nordic Telephone CO ApS)
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Documentthis Agreement, 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 4 contracts
Samples: Subordination and Retention Agreement (Mosaic Co), Agreement (VNG LTD), Retention Agreement (Mosaic Co)
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
Samples: Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS)
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
Samples: 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 prima facie evidence of the matters to which they relate.. 105
Appears in 3 contracts
Samples: Consent and Agreement (Harry Winston Diamond Corp), Assignment Agreement (American Realty Capital Global Trust II, Inc.), Facility Agreement (China XD Plastics Co LTD)
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
Samples: Amending Agreement (Sappi LTD), Sappi LTD, 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 the Finance Party Parties are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Samples: Subordination Agreement (Net 1 Ueps Technologies Inc), Cession and Pledge Agreement (Net 1 Ueps Technologies Inc), 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 Secured Party are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Samples: Agreement (Allied Healthcare International Inc), Facility Agreement (Danaos Corp), Facility Agreement (Allied Healthcare 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 Lender are prima facie evidence of the matters to which they relate.
Appears in 3 contracts
Samples: Facility Agreement (Beyond Air, Inc.), TSH Merger Sub (Huang Jianjun), Agreement (Best Buy Co Inc)
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
Samples: Facility Agreement (Cascal B.V.), 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 are prima facie evidence of the matters to which they relate.. #4666581/6 82 (104)
Appears in 2 contracts
Samples: Credit Facilities Agreement, 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 Holder are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Samples: 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 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.. 108
Appears in 2 contracts
Samples: Amending Agreement (Sappi LTD), Amending 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 Party are prima facie evidence of the matters to which they relate.. 157
Appears in 2 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
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 2 contracts
Samples: 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 Finance Party are prima facie evidence of the matters to which they relate.. 130
Appears in 2 contracts
Samples: South Texas Supply Company, Inc., South Texas Supply Company, 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.. 156
Appears in 2 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, 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 the Lender are, in the absence of fraud or manifest error, prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Samples: Facility Agreement (Ener1 Inc), Facility Agreement (Ener1 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 are, in the absence of manifest error, prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Samples: 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 relate.. 128
Appears in 2 contracts
Samples: Agreement (GDS Holdings LTD), Agreement (GDS 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 fade evidence of the matters to which they relate.
Appears in 2 contracts
Samples: Assignment Agreement (Star Bulk Carriers Corp.), Assignment Agreement (DryShips 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
Samples: Agreement (Wolseley PLC), 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 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
Samples: Agreement (Grindrod Shipping Holdings Ltd.), 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 the Lender or the Calculation Agent are prima facie evidence of the matters to which they relate.
Appears in 2 contracts
Samples: Assignment and Assumption (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 (Beweis des ersten Anscheins) evidence of the matters to which they relate.
Appears in 2 contracts
Samples: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
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
Samples: Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)
Accounts. 158 00000000_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
Samples: Additional Facility Accession Agreement (Liberty Global PLC)
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
Samples: PCCW LTD
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 Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. Xxxxx Lovells
Appears in 1 contract
Accounts. 76 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
Samples: Cellcom Israel 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 any relevant Finance Party are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Samples: Genco Shipping & Trading 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.. 106
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
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD)
Accounts. 180 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
Accounts. In any litigation or arbitration proceedings arising out of or in connection with a Finance Documentthis Deed, 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 1 contract
Samples: Security Agreement (Mimecast LTD)
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
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
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 Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate.. 161
Appears in 1 contract
Samples: Gtech Senior Facilities Agreement (International Game Technology 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.
Appears in 1 contract
Samples: Agreement
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
Samples: Agreement (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 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 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
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.. 153
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/MSXM/076001.00588/80174749.8Page 102
Appears in 1 contract
Samples: 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.. 132
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.. 170
Appears in 1 contract
Samples: Senior Facilities Agreement (OneSmart International Education Group LTD)
Accounts. 37.1 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.. Certificates and determinations
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.. A02583129/5.0/05 Feb 2003 61 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 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
Samples: Lease Agreement (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 prima facie evidence of the matters to which they relate.. β 117 β
Appears in 1 contract
Samples: Facility Agreement (IHS Holding LTD)
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 Document, the entries made in the accounts maintained by a Finance Party are prima facie evidence of the matters to which they relate. 34.2.
Appears in 1 contract
Samples: Agreement (Paradigm 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 are, in the absence of manifest error, prima facie evidence of the matters to which they relate.. 32.2
Appears in 1 contract
Samples: ICL Group Ltd.
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
Samples: 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 Lender are prima facie evidence (Beweis des ersten Anscheins) of the matters to which they relate.
Appears in 1 contract
Samples: Patent Security Agreement (Affimed Therapeutics B.V.)
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
Samples: Agreement (Mobile Telesystems Ojsc)
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
Samples: 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 the Agent are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Samples: Amending and Restating Agreement (DHT 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 the Lenders are prima facie evidence of the matters to which they relate.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Far East Energy Corp)
