Common use of CERTIFICATE OF INDEBTEDNESS Clause in Contracts

CERTIFICATE OF INDEBTEDNESS. A certificate signed by any director or manager of the Facility Agent (whose appointment need not be proved) as to the existence of and the amount of Indebtedness by the Borrower to the Finance Parties, that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing related to the Borrower’s Indebtedness to the Finance Parties in terms of this Agreement, shall be sufficient proof of the contents and correctness thereof for the purposes of provisional sentence, summary judgment or any other proceedings, shall be valid as a liquid document for such purpose and shall, in addition, be prima facie proof for purposes of pleading or trial in any action instituted by the Finance Parties arising herefrom.

Appears in 3 contracts

Samples: Facilities Agreement (Harmony Gold Mining Co LTD), Facilities Agreement (Harmony Gold Mining Co LTD), Senior Facility Agreement (Harmony Gold Mining Co LTD)

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CERTIFICATE OF INDEBTEDNESS. A certificate signed by any director or manager of the Facility Agent Lender (whose appointment need not be proved) as to the existence of and the amount of Indebtedness by the Borrower to the Finance PartiesLender, that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing related relating to the Borrower’s 's Indebtedness to the Finance Parties Lender in terms of this Agreement, shall be sufficient proof of the contents and correctness thereof for the purposes of provisional sentence, summary judgment judgement or any other proceedings, shall be valid as a liquid document for such purpose and shall, shall in addition, be prima facie proof for purposes of pleading or trial in any action instituted by the Finance Parties Lender arising herefrom.

Appears in 2 contracts

Samples: Second Loan Agreement (Harmony Gold Mining Co LTD), First Loan Agreement (Harmony Gold Mining Co LTD)

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CERTIFICATE OF INDEBTEDNESS. A certificate signed by any director or manager of the Facility Agent Lender (whose appointment need not be proved) as to the existence of and the amount of Indebtedness by the Borrower to the Finance PartiesLender, that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, . matter or thing related to the Borrower’s 's Indebtedness to the Finance Parties Lender in terms of this Agreement, shall be sufficient proof of the contents and correctness thereof for the purposes of provisional sentence, summary judgment or any other proceedings, shall be lie valid as a liquid document for such purpose and shall, in . In addition, be prima facie proof for purposes of pleading or trial in any action instituted by the Finance Parties Lender arising herefrom.

Appears in 1 contract

Samples: Term Loan Agreement (Harmony Gold Mining Co LTD)

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