Common use of Lenders’ Evidence of Debt Clause in Contracts

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 18 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

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Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 17 contracts

Samples: Credit Agreement (Physicians Realty Trust), Credit Agreement (Pike Electric CORP), Credit Agreement (Orion Group Holdings Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 17 contracts

Samples: First Lien Credit and Guaranty Agreement (Telvent Git S A), First Lien Credit and Guaranty Agreement (X Rite Inc), Credit and Guaranty Agreement (Mortons Restaurant Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 14 contracts

Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Valeant Pharmaceuticals International), Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 14 contracts

Samples: Credit and Guaranty Agreement (Digitalglobe Inc), Credit and Guaranty Agreement (Boise Inc.), Credit and Guaranty Agreement (Aeroflex Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 10 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Revolving Loans; and provided further thatfurther, in the event of any inconsistency between the Register Registers and any Lender’s records, the recordations in the Register Registers shall governgovern absent manifest error.

Appears in 10 contracts

Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 8 contracts

Samples: Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.), Pledge and Security Agreement (Blue Apron Holdings, Inc.), Credit and Guaranty Agreement (Compass, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Loan Parties, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Term Loan Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 7 contracts

Samples: Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 6 contracts

Samples: Credit Agreement (Computer Programs & Systems Inc), Credit Agreement (Sun Communities Inc), Credit Agreement (Computer Programs & Systems Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on in accordance with its internal records usual practice an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 6 contracts

Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Pacific Investment Management Co LLC), Credit Agreement (B. Riley Financial, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (8point3 Energy Partners LP), Credit and Guaranty Agreement, Credit and Guaranty Agreement (Terraform Global, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Revolving Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern absent manifest error.

Appears in 6 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital Inc), Credit Agreement (On Deck Capital Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.), Credit and Guaranty Agreement (Allied Holdings Inc), Credit and Guaranty Agreement (New GGP, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), Intercreditor Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Loans; and provided further thatfurther, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 6 contracts

Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Franchise Group, Inc.), Credit Agreement (Franchise Group, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern absent manifest error.

Appears in 6 contracts

Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)

Lenders’ Evidence of Debt. Each Lender (or, if applicable, its related Class A Managing Agent) shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern absent manifest error.

Appears in 5 contracts

Samples: Credit Agreement (On Deck Capital Inc), Credit Agreement (On Deck Capital Inc), Credit Agreement (On Deck Capital, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, Borrower absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Borrowers to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower each Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Credit Parties, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Obligations of the Credit Parties in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Assignment Agreement (Hospira Inc), Credit Agreement and Guaranty (Hospira Inc), Credit Agreement and Guaranty (Hospira Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.govern in the absence of demonstrable error therein. (b)

Appears in 5 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Physicians Realty Trust)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (Dura Automotive Systems Inc), Credit and Guaranty Agreement (U S Energy Systems Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, Borrowers absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Term Loan Commitments or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Collateral Agreement (Cit Group Inc), Lease Agreement (Cit Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on each Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (AID Restaurant, Inc.), Credit and Guaranty Agreement (Education Management LLC), Credit and Guaranty Agreement (Education Management LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Parent Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Parent Borrower, absent manifest error; providedprovided that, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Parent Borrower’s Obligations in respect of any applicable Term Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (AMC Networks Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; providedprovided that, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 4 contracts

Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on each Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Financing Agreement (Metalico Inc), Credit and Guaranty Agreement (Ambassadors International Inc), Credit and Guaranty Agreement (Ambassadors International Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Loan Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 3 contracts

Samples: Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it it, accrued interest and fees thereon and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register (if applicable) shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc), Credit and Guaranty Agreement (Hologic Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Representative to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrower Representative, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Loan Commitments or BorrowerBorrower Representative’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Term Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Term Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern, absent manifest error.

Appears in 3 contracts

Samples: Loan and Security Agreement (Horizon Pharma, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further that, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 3 contracts

Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Companies to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Companies, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Companies’ Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Primo Water Corp), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 3 contracts

Samples: Counterpart Agreement (REV Group, Inc.), Intercreditor Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further that, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.govern in the absence of demonstrable error therein. (b)

Appears in 2 contracts

Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest demonstrable error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations recordation in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the applicable Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on such Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or such Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Solera Holdings, Inc), Credit and Guaranty Agreement (Solera Holdings LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on such Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or such Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or Borrower’s Obligations the Borrowers’ obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 2 contracts

Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on such Borrower, absent manifest demonstrable error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or such Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrower and each other Loan Party, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Term Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (New Fortress Energy LLC), Credit Agreement (New Fortress Energy LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on each Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or such Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols Germany GmbH)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Borrower Obligations in respect of any applicable LoansTerm Loan; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (NFE Financial Holdings LLC), Credit Agreement (New Fortress Energy LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register Registers and any Lender’s records, the recordations in the Register Registers shall governgovern absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving 's Commitments or Borrower’s Borrowers' Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Deposit Security Agreement, Deposit Security Agreement

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s 's Obligations in respect of any applicable LoansRevolving Loan; and provided further thatfurther, that in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Credit Agreement (Delta Energy Center, LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Term Loan Commitments or Borrower’s Obligations in respect of any applicable Term Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.), Credit and Guaranty Agreement (21st Century Oncology Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each of the other Credit Parties to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 2 contracts

Samples: Credit Agreement (Pfsweb Inc), Credit Agreement (Pfsweb Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower NewPageCo to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerNewPageCo, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerNewPageCo’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (NewPage CORP)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or any Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 2 contracts

Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (FutureFuel Corp.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Companies to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Companies, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Companies’ Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Lease Agreement (OneWater Marine Inc.), Credit and Guaranty Agreement (OneWater Marine Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

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Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerpresumptively correct, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Zekelman Industries, Inc.), Revolving Credit and Guaranty Agreement (CommScope Holding Company, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Tem Loan Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit Agreement (A.S.V., LLC), Credit Agreement (Manitex International, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Intercreditor Agreement (Alion Science & Technology Corp), Assignment and Assumption Agreement (Alion Science & Technology Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Credit Agreement Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Credit Agreement Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or Borrower’s Obligations the Borrowers’ obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any LenderXxxxxx’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 2 contracts

Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower to such Lender, including the amounts of the First Priority Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s 's Obligations in respect of any applicable LoansFirst Priority Term Loan; and provided further thatfurther, that in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Calpine Corp), Credit and Guarantee Agreement (Delta Energy Center, LLC)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Company, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrowerthe Company’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Bell Powersports, Inc.), Credit and Guaranty Agreement (Day International Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on each Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or such Borrower’s Obligations obligations in respect of any applicable Loans; and provided further that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 2 contracts

Samples: Credit Agreement (BurgerFi International, Inc.), Credit Agreement and Joinder (BurgerFi International, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Limited Partnership), Credit and Guaranty Agreement (Mills Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Obligations of the Borrower in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Hospira Inc), Term Loan Agreement (Hospira Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or any Borrower’s Obligations obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 1 contract

Samples: Credit Agreement (FutureFuel Corp.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Borrower Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (Intrawest Resorts Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower owing to such Lender, including the principal amounts of the Term Loans made by it such Lender and each repayment and prepayment in respect thereof. Any such recordation Such records maintained by any Lender shall be conclusive and binding on Borrower, absent manifest error; provided, provided that the failure to make maintain any such recordationrecords, or any error in such recordationtherein, shall not in any manner affect any Lender’s Revolving Term Loan Commitments or Borrower’s Obligations in respect of any applicable Term Loans; and provided further that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, Borrower absent manifest error; provided, provided that the failure to make any such -42- recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cit Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Borrower Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerBorrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Loans; and provided further thatfurther, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (1847 Goedeker Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or Borrower’s Obligations the Borrowers’ obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans and Commitments made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J C Penney Co Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower Company to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any 38 Lender’s Revolving Commitments or BorrowerCompany’s Obligations in respect of any applicable Revolving Loans; and provided further thatfurther, in the event of any inconsistency between the Register Registers and any Lender’s records, the recordations in the Register Registers shall governgovern absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Parent Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Parent Borrower, absent manifest error; providedprovided that, that the -30- failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Parent Borrower’s Obligations in respect of any applicable Term Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)

Lenders’ Evidence of Debt. Each Lender shall will maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall will be conclusive and binding on Borrower, absent manifest error; provided, that the . The failure to make any such recordation, or any error in such recordation, shall will not affect any Lender’s Revolving Loan Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further that, in the event and, if of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall will govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower each Credit Party to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Credit Parties, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Obligations of the Credit Parties in respect of any applicable Revolving Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Hospira Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Revolving Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations in respect of any applicable Revolving Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (GXS Investments, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving 's Commitments or Borrower’s Company's Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall governgovern absent manifest error.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Payless Shoesource Inc /De/)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest CREDIT AND GUARANTY AGREEMENT EXECUTION 71 error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s 's Revolving Commitments or Borrower’s the Borrowers' Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (International Steel Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s the Borrowers’ Obligations in respect of any applicable Loans; and provided further that, in the event of any inconsistency between the Register Registers and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or Borrower’s Obligations the Borrowers’ obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 1 contract

Samples: Credit Agreement (Empire Petroleum Partners, LP)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower and each other Credit Party to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or the Borrower’s Obligations obligations in respect of any applicable Loansthe Loan; and provided further provided, further, that, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall governgovern in the absence of demonstrable error therein.

Appears in 1 contract

Samples: Credit Agreement (MSP Recovery, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments, Credit-Linked Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of the Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Pledge and Security Agreement (Etsy Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower the Borrowers to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrowerthe Borrowers, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Borrowers’ Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s recordsrecords (including any Notes), the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive presumed correct and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower to such Lender, including the amounts of the Loans made by owed to it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitments, Loans or any of the Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit Agreement (XINHUA SPORTS & ENTERTAINMENT LTD)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or BorrowerXxxxxxxx’s Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of Borrower Company to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on BorrowerCompany, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s 's Revolving Commitments or Borrower’s Company's Obligations in respect of any applicable Loans; and provided further thatfurther, in the event of any inconsistency between the Register and any Lender’s 's records, absent manifest error the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mariner Health Care Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations Indebtedness of the Borrower to such Lender, including the amounts of the Second Priority Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on the Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or the Borrower’s 's Obligations in respect of any applicable LoansSecond Priority Term Loan; and provided further thatfurther, that in the event of any inconsistency between the Register and any Lender’s 's records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Calpine Corp)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Term Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or Borrower’s Obligations in respect of any applicable Term Loans; and provided further thatfurther, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern, absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Novocure LTD)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on Borrower, Borrower absent manifest error; provided, provided that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Cit Group Inc)

Lenders’ Evidence of Debt. Each Lender shall maintain on its internal records an account or accounts evidencing the Obligations of each Borrower to such Lender, including the amounts of the Loans made by it and each repayment and prepayment in respect thereof. Any such recordation shall be conclusive and binding on each Borrower, absent manifest error; provided, that the failure to make any such recordation, or any error in such recordation, shall not affect any Lender’s Revolving Commitments Commitment or any Borrower’s Obligations in respect of any applicable Loans; and provided further thatprovided, further, that in the event of any inconsistency between the Register and any Lender’s records, the recordations in the Register shall govern.. (b)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Grifols SA)

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