Common use of Lending Branch and Evidence of Credit Clause in Contracts

Lending Branch and Evidence of Credit. (a) Each Bank's proportionate interest in the Revolving Credit shall be evidenced by a Revolving Note. Each such Revolving Note shall be executed by Borrower, dated the Closing Date and provide for the payment of interest and principal in accordance with the terms of this Agreement. Each Bank shall record in its records, or at its option on the schedule attached to its respective Revolving Note, the date, amount and Type of each Advance made by such Bank and each repayment thereof, each continuation thereof, each conversion of all or a portion thereof to another Type and, in the case of Eurodollar Rate Advances, the length of each Interest Period with respect thereto. The aggregate unpaid principal amount so recorded shall constitute PRIMA FACIE evidence of the principal amount owing and unpaid on such Revolving Note absent manifest error. The failure so to record any such amount or any error in so recording any such amount shall not, however, limit or otherwise affect the obligations of Borrower hereunder or under any Revolving Note to repay the principal amount of the Advances together with all interest accruing thereon and fees accruing with respect thereto. (b) Each Bank's proportionate interest in each Advance and each payment to such Bank under this Agreement and the Revolving Notes shall be made for the account of such Bank's Lending Branch.

Appears in 1 contract

Sources: Credit Agreement (Bally Total Fitness Holding Corp)

Lending Branch and Evidence of Credit. (a) Each BankThe Borrower shall issue a Revolving Note and/or a Term Note, as the case may be, to each Lender on the Closing Date representing such Lender's proportionate interest interests in the Revolving Credit shall be evidenced by a Revolving Note. and the Term Loan Facility. (b) Each such Revolving Note and each Term Note (collectively, the "Notes") shall be executed by Borrower, dated the Closing Date and provide for the payment of interest and principal in accordance with the terms of this Agreement. Each Bank Lender shall record in its records, or at its option on the schedule attached to its respective Revolving NoteNotes, the date, amount and Type of each Advance made by such Bank Lender and each repayment thereof, each continuation thereof, each conversion of all or a portion thereof to another Type and, in the case of Eurodollar Rate Advances, the length of each Interest Period with respect thereto. The aggregate unpaid principal amount so recorded shall constitute PRIMA FACIE prima facie evidence of the principal amount owing and unpaid on such Revolving Note Notes absent manifest error. The failure so to record any such amount or any error in so recording any such amount shall not, however, limit or otherwise affect the obligations of Borrower hereunder or under any Revolving Note to repay the principal amount of the Advances together with all interest accruing thereon and fees accruing with respect thereto. (bc) Each BankLender's proportionate interest in each Advance and each payment to such Bank Lender under this Agreement and the Revolving Notes shall be made for the account of such BankLender's Lending Branch.

Appears in 1 contract

Sources: Credit Agreement (Bally Total Fitness Holding Corp)