Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 30 contracts
Samples: Credit Agreement (Eastern Co), Priming Facility Credit Agreement (GTT Communications, Inc.), Credit Agreement (Circor International Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.10(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, provided that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Loan Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 8 contracts
Samples: Abl Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.06(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 5 contracts
Samples: Intercreditor Agreement (Preferred Apartment Communities Inc), Purchase Option Agreement (Preferred Apartment Communities Inc), Credit Agreement (TRC Companies Inc /De/)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.07(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Kona Grill Inc), Assignment Agreement (TRC Companies Inc /De/), Credit Agreement (Kona Grill Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.10(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Patheon Holdings Cooperatief U.A.), Credit Agreement (Patheon Inc), Credit Agreement (JGWPT Holdings Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie rebuttably presumptive evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.07(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of Holdings or any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Loan Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Gibraltar Industries, Inc.), Credit Agreement (Ico Inc), Credit Agreement (Gibraltar Industries, Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.4(a) and (b) shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the any such other Obligations amounts in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Term Loan Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.08(a) and (b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; , provided, that the failure of any Lender or the Administrative Global Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.11(a) and (b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; , provided, that the failure of any Lender or the Administrative Global Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.05(b) shall be prima facie rebuttably presumptive evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Term Loan Agreement (Cooper Companies Inc), Term Loan Agreement (Cooper Companies Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, provided that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (PGT Innovations, Inc.), Credit Agreement (PGT Innovations, Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.. (d)
Appears in 2 contracts
Samples: Credit Agreement (GTT Communications, Inc.), Priming Facility Credit Agreement (GTT Communications, Inc.)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsections 2.6(f) and (g) shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein; provided, that the failure of the any Lender or an Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrowers to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the any Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.7(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Pledge and Security Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.7(b) shall be prima facie rebuttably presumptive evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.05(a) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent Lender to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Peabody Energy Corp)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsection 2.6(d) and (e) shall be prima facie evidence of the existence and amounts and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: General Revolving Note (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsection 2.5(c) shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein; provided, that the failure of the Administrative Agent Lender to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Mechanical Technology Inc), Credit Agreement (Mechanical Technology Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsection 2.5(d) and (e) shall be prima facie evidence of the existence and amounts of payments and amounts of the Obligations obligations recorded therein, absent manifest error; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.05(a) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent Lender to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: 364 Day Secured Liquidity Credit Facility Agreement (Progressive Corp/Oh/)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsection 2.5(e) and (f) shall be prima facie evidence of the existence and amounts and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrowers to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Stoneridge Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsection 2.5(g) and (h) shall be prima facie evidence of the existence and amounts of payments and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrowers to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bSections 2.05(b) and (c) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; , provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.. LEGAL02/37021070v10 -43-
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts ledgers maintained pursuant to Section 2.08(b2.04(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) 2.4 and shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrowers to repay or prepay the Loans or the any such other Obligations amounts in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be be, absent manifest error, prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.07(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsection 2.6(e) and (f) shall be prima facie evidence of the existence and amounts and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrower to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent or Foreign Collateral Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Nn Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.4(a) and (b) shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein; provided, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrowers to repay or prepay the Loans or the any such other Obligations amounts in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bSection 2.07(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other 44 than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.05(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Preferred Apartment Communities Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(bsections 2.6(e) and (f) shall be prima facie evidence of the existence and amounts of the Obligations obligations recorded therein; provided, that the failure of the any Lender or an Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party the Borrowers to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Genlyte Group Inc)
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.. 100
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.04(a) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent Lender to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Revolving Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Effect of Loan Accounts, etc. The entries made in the accounts maintained pursuant to Section 2.08(b2.06(a) shall be prima facie evidence of the existence and amounts of the Obligations recorded therein; provided, that the failure of the Administrative Agent Lender to maintain such accounts or any error (other than manifest error) therein shall not in any manner affect the obligation of any Credit Party to repay or prepay the Loans or the other Obligations in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Amber Road, Inc.)
