Common use of Loan Records Clause in Contracts

Loan Records. The date and amount of all Advances to Resellers and payments of amounts due from Resellers under the Loan Documents will be recorded in the records that Administrative Agents normally maintain for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers to repay the Loans and other amounts payable under the Loan Documents. Resellers shall have the burden of proving that such records are not correct. Resellers agree that Administrative Agents’ and any Lender’s books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error), irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any statement sent by Administrative Agents or a Lender to a Reseller, the Parent Guarantor or a Domestic Subsidiary shall be deemed correct, accurate and binding on the Resellers and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 and corrections of errors discovered by Administrative Agents or a Lender) (absent manifest error), unless Resellers notify Administrative Agents in writing to the contrary within 60 days after such statement is rendered. In the event a timely written notice of objections is given by Resellers, only the items to which exception is expressly made will be considered to be disputed by Resellers

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent's and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.7 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent's and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.7 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 30 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent's and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.7 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 45 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent’s and any Lender’s books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any statement sent by Administrative Agents Agent or a Lender to a Reseller, the Parent Guarantor or a Domestic Subsidiary Covered Person shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.7 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 days after such statement is renderedrendered (regardless of whether a shorter period is provided for in any Transaction Statement). In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents each Lender normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such a Lender's records are not correct. Resellers agree Borrower agrees that Administrative Agents’ and any a Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 and corrections of errors discovered by Administrative Agents or a such Lender) (absent manifest error), unless Resellers notify Administrative Agents Borrower notifies such Lender in writing to the contrary within 60 ninety (90) days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent’s and any Lender’s books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.7 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 45 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent's and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any statement sent by Administrative Agents Agent or a Lender to a Reseller, the Parent Guarantor or a Domestic Subsidiary Covered Person shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.7 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 30 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Lender normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such Lender's records are not correct. Resellers agree Borrower agrees that Administrative Agents’ and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Lender will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 Sections 7 and 8 and corrections of errors discovered by Administrative Agents or a Lender) (absent manifest error), unless Resellers notify Administrative Agents Borrower notifies Lender in writing to the contrary within 60 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in Lender's records and the records that Administrative Agents Lender normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such Lender's records are not correct. Resellers agree Borrower agrees that Administrative Agents’ and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (thereof, absent manifest error), irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Lender will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statements shall be deemed correct, accurate and binding on the Resellers and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 8.4 and corrections of errors discovered by Administrative Agents or a Lender) (absent manifest error), unless Resellers notify Administrative Agents Borrower notifies Lender in writing to the contrary within 60 30 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent's and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.6 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Administrative Agents in writing to the contrary within 60 days after such statement is rendered. In the event a timely written notice of objections is given by Resellers, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower notifies

Loan Records. The date and amount of all Advances to Resellers Borrower, Term Conversions and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Lender normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such Lender's records are not correct. Resellers agree Borrower agrees that Administrative Agents’ and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Lender will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, Term Conversions, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 and corrections of errors discovered by Administrative Agents or a Lender) (absent manifest error), unless Resellers notify Administrative Agents Borrower notifies Lender in writing to the contrary within 60 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent’s and any Lender’s books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.6 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower

Loan Records. The date and amount of all Advances to Resellers Borrower and payments of amounts due from Resellers Borrower under the Loan Documents will be recorded in the records that Administrative Agents Agent normally maintain maintains for such types of transactions. The failure to record, or any error in recording, any of the foregoing shall not, however, affect the obligation of Resellers Borrower to repay the Loans and other amounts payable under the Loan Documents. Resellers Borrower shall have the burden of proving that such records are not correct. Resellers agree Borrower agrees that Administrative Agents’ Agent's and any Lender’s 's books and records showing the Loan Obligations and the transactions pursuant to this Agreement shall be admissible in any action or proceeding arising therefrom, and shall constitute prima facie proof thereof (absent manifest error)thereof, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any Administrative Agent will provide to Borrower a monthly statement sent by Administrative Agents or a Lender of Advances, payments, and other transactions pursuant to a Reseller, the Parent Guarantor or a Domestic Subsidiary this Agreement. Such statement shall be deemed correct, accurate and binding on the Resellers Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.5 6.8 and corrections of errors discovered by Administrative Agents Agent or a Lender) (absent manifest error), unless Resellers notify Borrower notifies Administrative Agents Agent in writing to the contrary within 60 30 days after such statement is rendered. In the event a timely written notice of objections is given by ResellersBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellersBorrower.