Common use of Evidence of the Advances Clause in Contracts

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record the names and addresses of the Lenders and the Financing Commitment of, and principal amount of the Advances (and related interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register shall be conclusive absent manifest error, and the parties hereto shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory note, any transfer of an interest in such note shall not be effective until reflected in the Register. Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns.

Appears in 4 contracts

Samples: Loan Agreement (FS Investment Corp III), Loan Agreement (FS Investment Corp III), Loan Agreement (FS Investment Corp II)

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Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register accounts maintained pursuant to this paragraph (c) shall be conclusive absent manifest errorprima facie evidence of the existence and amounts of the obligations recorded therein, and provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 3 contracts

Samples: Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Permitted Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder hereunder, (3) the Permitted Currency of such Advance and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register shall be conclusive absent manifest erroraccounts maintained pursuant to this paragraph (c) shall, and to the parties hereto shall treat each Person whose name is recorded extent consistent with the records in the Register pursuant Register, 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 therein shall not in any manner affect the obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding Agent (such approval not to be unreasonably withheld, conditioned or delayed), which delivery the creation of a promissory note, any transfer of an interest in such note Administrative Agent shall not be effective until reflected record in the Register. Thereafter, to the extent so reflected in the Register, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 2 contracts

Samples: Loan Agreement (WhiteHorse Finance, Inc.), Loan Agreement (WhiteHorse Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record the names and addresses of the Lenders and the Financing Commitment of, and principal amount of the Advances (and related interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder hereunder, a copy of each assignment and assumption delivered to it and the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register shall be conclusive absent manifest error, and the parties hereto shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory note, any transfer of an interest in such note shall not be effective until reflected in the Register. Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns.

Appears in 2 contracts

Samples: Loan Agreement (FS Investment Corp II), Loan Agreement (FS Investment CORP)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names and addresses amount of the Lenders each Advance made hereunder and the Financing Commitment ofCurrency thereof, and principal (2) the amount of the Advances (and related any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 2 contracts

Samples: Loan and Security Agreement (Blackstone / GSO Secured Lending Fund), Loan and Security Agreement (Blackstone / GSO Secured Lending Fund)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Eligible Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record the names and addresses of the Lenders and the Financing Commitment of, and principal amount of the Advances (and related interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register shall be conclusive absent manifest error, and the parties hereto shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. The Register shall be available for inspection by the Company and any Lender, at any reasonable time and from time to time upon reasonable prior notice. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or and its registered assigns) assigns and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory note, any transfer of an interest in such note shall not be effective until reflected in the Register. Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bain Capital Specialty Finance, Inc.), Loan and Security Agreement (Bain Capital Specialty Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunderhereunder and the Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record (1) the names and addresses amount of the Lenders each Advance made hereunder and the Financing Commitment ofCurrency thereof, and principal (2) the amount of the Advances (and related any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (Blackstone Secured Lending Fund)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the applicable Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder hereunder, (3) whether each applicable Advance constitutes an a Base Advance or a Bridge Advance and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (TCG BDC II, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunderhereunder and the Eligible Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names amount and addresses Eligible Currency of each Advance made hereunder, (2) the Lenders and the Financing Commitment of, and principal amount of the Advances (and related any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable - 58 - to such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit and Security Agreement (T Series Middle Market Loan Fund LLC)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunderhereunder and the Eligible Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names amount and addresses Eligible Currency of each Advance made hereunder, (2) the Lenders and the Financing Commitment of, and principal amount of the Advances (and related any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit and Security Agreement (T Series Middle Market Loan Fund LLC)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) Register in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan Agreement (WhiteHorse Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder hereunder, (3) whether each applicable Advance constitutes an a Base Advance or a Bridge Advance and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (TCG BDC II, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is not in any manner affect the obligation of the Company to repay the Advances in accordance with the terms of this Agreement. No assignment shall be effective unless it has been recorded in the Register pursuant to as provided in this section. This Section 3.01(c) shall be construed so that the terms hereof as a Lender Advances are at all times maintained in “registered form” within the meaning of Sections 163(f), 871(h)(2), and the owner 881(c)(2) of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contraryCode. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (Manulife Private Credit Fund)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record (1) the names name and addresses address of each Lender hereunder, (2) the Lenders and the Financing Commitment of, and principal amount of each Advance made by such Lender hereunder, (3) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each LenderXxxxxx’s share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is not in any manner affect the obligation of the Company to repay the Advances in accordance with the terms of this Agreement. No assignment shall be effective unless it has been recorded in the Register pursuant to as provided in this section. This Section 3.01(c) shall be construed so that the terms hereof as a Lender Advances are at all times maintained in “registered form” within the meaning of Sections 163(f), 871(h)(2), and the owner 881(c)(2) of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contraryCode. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Currency thererofthereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder hereunder, (3) the Currency of such Advance and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register shall be conclusive absent manifest erroraccounts maintained pursuant to this paragraph (c) shall, and to the parties hereto shall treat each Person whose name is recorded extent consistent with the records in the Register pursuant Register, 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 therein shall not in any manner affect the obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding Agent (such approval not to be unreasonably withheld, conditioned or delayed), which delivery the creation of a promissory note, any transfer of an interest in such note Administrative Agent shall not be effective until reflected record in the Register. Thereafter, to the extent so reflected in the Register, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan Agreement (WhiteHorse Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunderhereunder and the Eligible Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record the names and addresses of the Lenders and the Financing Commitment of, and principal amount of the Advances (and related interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register shall be conclusive absent manifest error, and the parties hereto shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. The Register shall be available for inspection by the Company, the Collateral Agent and any Lender, at any reasonable time and from time to time upon reasonable prior notice. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or and its registered assigns) assigns and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory note, any transfer of an interest in such note shall not be effective until reflected in the Register. Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns.

Appears in 1 contract

Samples: Loan and Security Agreement (Bain Capital Specialty Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register accounts maintained pursuant to this paragraph (c) shall be conclusive absent manifest errorprima facie evidence of the existence and amounts of the obligations recorded therein, and provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to provided further that, if such accounts are inconsistent with the contraryRegister, the Register shall prevail. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan Agreement (Sierra Income Corp)

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Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register accounts maintained pursuant to this paragraph (c) shall be conclusive absent manifest errorprima 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 therein shall not in any manner affect the obligation of the Company to repay the Advances in accordance with the terms of this Agreement; provided, and the parties hereto shall treat each Person whose name is recorded further. that in the Register pursuant to event of a conflict between the terms hereof as accounts of a Lender and the owner accounts of the amounts owing to it hereunder as reflected Administrative Agent, the accounts of the Administrative Agent shall control in the Register for all purposes absence of this Agreement, notwithstanding notice to the contrarymanifest error. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Security Agreement (CION Investment Corp)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register accounts maintained pursuant to this paragraph (c) shall be conclusive absent manifest errorprima facie evidence of the existence and amounts of the obligations recorded therein, and provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan Agreement (Sierra Income Corp)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Eligible Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record the names and addresses of the Lenders and the Financing Commitment of, and principal amount of the Advances (and related interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register shall be conclusive absent manifest error, and the parties hereto shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. The Register shall be available for inspection by the Company and any Lender, at any reasonable time and from time to time upon reasonable prior notice. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or and its registered assigns) assigns and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory note, any transfer of an interest in such note shall not be effective until reflected in the Register. Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns.

Appears in 1 contract

Samples: Loan and Security Agreement (Bain Capital Specialty Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Currency thererof. The Administrative Agent, acting solely for this purpose as an agent of the Company, Agent shall maintain at one of its offices in the United States a register (the “Register”) accounts in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder hereunder, (3) the Currency of such Advance and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register shall be conclusive absent manifest erroraccounts maintained pursuant to this paragraph (c) shall, and to the parties hereto shall treat each Person whose name is recorded extent consistent with the records in the Register pursuant Register, 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 therein shall not in any manner affect the obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding Agent (such approval not to be unreasonably withheld, conditioned or delayed), which delivery the creation of a promissory note, any transfer of an interest in such note Administrative Agent shall not be effective until reflected record in the Register. Thereafter, to the extent so reflected in the Register, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan Agreement (WhiteHorse Finance, Inc.)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received paid by the Administrative Agent hereunder Company for the account of the Lenders and each LenderXxxxxx’s share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (Fidelity Private Credit Central Fund LLC)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record the names and addresses of the Lenders and the Financing Commitment of, and principal amount of the Advances (and related interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register shall be conclusive absent manifest error, and the parties hereto shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory note, any transfer of an interest in such note shall not be effective until reflected in the Register. Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to such payee and its registered assigns.

Appears in 1 contract

Samples: Loan Agreement (Guggenheim Credit Income Fund)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Lxxxxx from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names name and addresses address of each Lender, (2) the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (3) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s Lxxxxx's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (Franklin BSP Lending Corp)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderhereunder and the Eligible Currency thereof. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the "Register") in which it shall record (1) the names amount and addresses Eligible Currency of each Advance made hereunder, (2) the Lenders and the Financing Commitment of, and principal amount of the Advances (and related any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s 's share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Credit and Security Agreement (T Series Middle Market Loan Fund LLC)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at one of its offices in the United States a register (the “Register”) in which it shall record (1) the names name and addresses address of each Lender, (2) the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (3) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (4) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each LenderXxxxxx’s share thereof. The entries made in the Register maintained pursuant to this paragraph (c) shall be conclusive absent manifest error, and ; provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such Register or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the payee named therein (or, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan and Security Agreement (Franklin BSP Capital Corp)

Evidence of the Advances. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Company to such Lender resulting from each Advance made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent, acting solely for this purpose as an agent of the Company, shall maintain at accountsat one of its offices in the United States a register (the “Register”) Register in which it shall record (1) the names and addresses of the Lenders and the Financing Commitment of, and principal amount of each Advance made hereunder, (2) the Advances (and related amount of any principal or interest amounts) due and payable or to become due and payable from the Company to each Lender hereunder and (3) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. The entries made in the Register accountsRegister maintained pursuant to this paragraph (c) shall be conclusive prima facie evidence of the existence and amounts of the obligations recorded thereinconclusive absent manifest error, and provided that the parties hereto failure of any Lender or the Administrative Agent to maintain such accountsRegister or any error therein shall treat each Person whose name is recorded not in any manner affect the Register pursuant obligation of the Company to repay the Advances in accordance with the terms hereof as a Lender and the owner of the amounts owing to it hereunder as reflected in the Register for all purposes of this Agreement, notwithstanding notice to the contrary. Any Lender may request that Advances made by it be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or or, if a registered note is requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Notwithstanding the creation of a promissory noteAgent (such approval not to be unreasonably withheld, any transfer of an interest in such note shall not be effective until reflected in the Registerconditioned or delayed). Thereafter, the Advances evidenced by such promissory note and interest thereon shall at all times be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

Appears in 1 contract

Samples: Loan Agreement (WhiteHorse Finance, Inc.)

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