Evidence of Credit Extensions. The Advances of each Lender outstanding at any time shall be evidenced by the Notes. Each Note executed by the Borrower shall be in a maximum principal amount equal to each Lender's Percentage of the current Aggregate Commitment. Each Lender shall record Advances and principal payments thereof on the schedule attached to its Note or, at its option, in its records, and each Lender's record thereof shall be conclusive absent Borrower furnishing to such Lender conclusive and irrefutable evidence of an error made by such Lender with respect to that Lender's records. Notwithstanding the foregoing, the failure to make, or an error in making, a notation with respect to any Advance shall not limit or otherwise affect the obligations of Borrower hereunder or under the Notes to pay the amount actually owed by Borrower to Lenders.
Evidence of Credit Extensions. Any Lender may request that Loans made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 13.3) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns). Each Lender may record Borrowings and principal payments thereof on the schedule attached to its Note or, at its option, in its records, and each Lender’s record thereof shall be conclusive absent the Borrower furnishing to such Lender conclusive and irrefutable evidence of an error made by such Lender with respect to that Lender’s records. Notwithstanding the foregoing, the failure to make, or an error in making, a notation with respect to any Borrowing shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Notes to pay the amount actually owed by the Borrower to Lenders.
Evidence of Credit Extensions. Any Lender may request that Loans (other than Bid Rate Loans) made by it be evidenced by a Note. In such event, the Borrower shall prepare, execute and deliver to such Lender a Note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns). Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 13.3) be represented by one or more Notes in such form payable to the order of the payee named therein (or, if such Note is a registered note, to such payee and its registered assigns). Each Lender may record Borrowings and principal payments thereof on the schedule attached to its Note or, at its option, in its records, and each Lender’s record thereof shall be conclusive absent the Borrower furnishing to such Lender conclusive and irrefutable evidence of an error made by such Lender with respect to that Lender’s records. Except in the case of a Lender that has notified the Administrative Agent in writing that it elects not to receive a Bid Rate Note, the Bid Rate Loans made by a Lender to the Borrower shall, in addition to this Agreement, also be evidenced by a Bid Rate Note payable to the order of such Lender. Notwithstanding the foregoing, the failure to make, or an error in making, a notation with respect to any Borrowing shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Notes to pay the amount actually owed by the Borrower to Lenders.
Evidence of Credit Extensions. The Borrowings of each Lender outstanding at any time (other than Competitive Bid Loans) shall be evidenced by the Notes. Each Note executed by the Borrower shall be in a maximum principal amount equal to, with respect to each Lender, its applicable percentage of the then current Aggregate Commitment. Each Lender shall record Borrowings and principal payments thereof on the schedule attached to its Note or, at its option, in its records, and each Lender’s record thereof shall be conclusive absent Borrower furnishing to such Lender conclusive and irrefutable evidence of an error made by such Lender with respect to that Lender’s records. Notwithstanding the foregoing, the failure to make, or an error in making, a notation with respect to any Borrowing shall not limit or otherwise affect the obligations of Borrower hereunder or under the Notes to pay the amount actually owed by Borrower to Lenders.
Evidence of Credit Extensions. The Loans shall be evidenced by the Note. The Bank shall record advances and principal payments thereof on the grid attached thereto or, at its option, in its records, and the Bank's record thereof shall be conclusive absent demonstrable error. Notwithstanding the foregoing, the failure to make or an error in making a notation with respect to any Loan or any payment shall not limit or otherwise affect the Obligations of the Borrowers hereunder or under the Note.
Evidence of Credit Extensions. The Loan shall be evidenced by the Note, executed by the Borrower, payable to the order of the Bank and dated the Closing Date. The Bank shall record advances and principal payments thereof on the grid attached thereto or, at its option, in its records, and the Bank's record thereof shall be conclusive absent demonstrable error. Notwithstanding the foregoing, the failure to make or an error in making a notation with respect to any payment shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Note.
Evidence of Credit Extensions. (a) The Revolving Credit Loans shall be evidenced by a Note executed by Borrower payable to the order of each Bank in the amount of each Bank's respective Commitment as set forth on the signature pages hereof dated the Closing Date, and providing for the payment of principal and interest in accordance with this Agreement. Each Bank shall record Advances, principal payments thereof and whether the Advance is a Prime Rate Advance or a Eurodollar Rate Advance on such Bank's records, and such Bank's record thereof shall constitute prima facie evidence of the information so recorded. Any statement of a Bank to Borrower setting forth Borrower's account with such Bank regarding its share of Advances and payments shall be considered true and correct and binding on Borrower unless such Bank is notified in writing by Borrower of any discrepancy or exception within fifteen (15) days from the mailing by such Bank to Borrower of any such monthly statement. Notwithstanding the foregoing, the failure to make, or an error in making, a notation with respect to any Advance shall not limit or otherwise affect the obligation of Borrower hereunder or under the Notes.
Evidence of Credit Extensions. The Loans made by, the Letters of Credit Issued by and the Risk Participations of each Lender and the reimbursement obligations with respect thereto shall be evidenced by one or more accounts or records maintained by such Lender in the ordinary course of business. The accounts or records maintained by the Administrative Agent shall be conclusive (absent manifest error) as to the amount of the LC Advances made to Max Bermuda and the Letters of Credit Issued for the account of Max Bermuda, the amount of Loans made to Max Bermuda and the Parent, and the amounts of principal, interest and fees owing hereunder. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation by a Borrower hereunder to pay any amount owing with respect to any Credit Extension.
Evidence of Credit Extensions. The Credit Extensions made by the L/C Issuer shall be evidenced by one or more accounts or records maintained by the L/C Issuer in the ordinary course of business. The accounts or records maintained by the L/C Issuer shall be conclusive absent manifest error of the amount of the Credit Extensions made by the L/C Issuer to the Company and the interest and payments thereon. Any failure to so record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Obligations.
Evidence of Credit Extensions. Payee shall record in its records the date, amount and maturity of each Draw and the amount of each payment of principal and interest made by Maker with respect to each Draw and Payee’s record shall be conclusive absent manifest error. Any statement of Payee to Maker setting forth Maker’s account regarding the Draws and payments shall be considered true and correct and binding on Maker unless Payee is notified in writing of any discrepancy or exception within thirty (30) days from the mailing by Payee to Maker of any such quarterly statement. Notwithstanding the foregoing, the failure to make, or an error in making, a notation with respect to any Draw shall not limit or otherwise affect the obligations of Maker under this Note or the Credit Agreement.
