Common use of Loan Records Clause in Contracts

Loan Records. The date and amount of all Advances to Reseller and payments of amounts due from Reseller 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 Reseller to repay the Loans and other amounts payable under the Loan Documents. Reseller shall have the burden of proving that such records are not correct. Reseller agrees 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, 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 Covered Person shall be deemed correct, accurate and binding on Reseller and an account stated (except for reversals and reapplications of payments as provided in Section 6.6 and corrections of errors discovered by Administrative Agents or a Lender), unless Reseller notify Administrative Agents in writing to the contrary within 60 days after such statement is rendered. If a timely written notice of objections is given by Reseller, only the items to which exception is expressly made will be considered to be disputed by Reseller.

Appears in 3 contracts

Samples: Credit Agreement (Gtsi Corp), Credit Agreement (Gtsi Corp), Credit Agreement (Gtsi Corp)

AutoNDA by SimpleDocs

Loan Records. The date and amount of all Advances to Reseller and payments of amounts due from Reseller 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 Reseller Borrower to repay the Loans Revolving Loan and other amounts payable under the Loan Documents. Reseller Borrower shall have the burden of proving that such Lender's records are not correct. Reseller 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, irrespective of whether any Loan Obligation is also evidenced by a promissory note or other instrument. Any statement sent by Administrative Agents or a that Lender provides to a Covered Person Borrower of Advances, payments, and other transactions pursuant to this Agreement shall be deemed correct, accurate and binding on Reseller Borrower and an account stated (except for reversals and reapplications of payments as provided in Section 6.6 8.4 and corrections of errors discovered by Administrative Agents or a Lender), unless Reseller notify Administrative Agents Borrower notifies Lender in writing to the contrary within 60 30 days after such statement is rendered. If In the event a timely written notice of objections is given by ResellerBorrower, only the items to which exception is expressly made will be considered to be disputed by ResellerBorrower.

Appears in 1 contract

Samples: Loan Agreement (Intrav Inc)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.