Common use of Loan Records Clause in Contracts

Loan Records. (a) The Borrower shall record on its books and records the amount of the Loan, the interest rate applicable thereto, all payments of principal and interest thereon and the principal balance thereof from time to time outstanding. (b) The Agent, acting solely for this purpose as a non-fiduciary agent (solely for tax purposes) shall establish and maintain at its office a record of ownership (the “Register”) in which the Agent agrees to register by book entry the interests (including any rights to receive payment hereunder) of each Lender in the Loan, and any assignment of any such interest or interests, and accounts in the Register in accordance with its usual practice in which it shall record (i) the names and addresses of the Lenders (and any change thereto pursuant to this Agreement), (ii) the amount of the Loan, (iii) the amount of any principal, interest, fee or other amount due and payable or paid, and (iv) any other payment received by the Lenders from the Borrower and its application to the Loan. Reasonably promptly after making each such registration, the Agent shall provide written notice thereof to the Borrower. (c) Notwithstanding anything to the contrary contained in this Agreement, the Loans are registered obligations, the right, title and interest of the Lenders and their successors and assignees in and to the Loan shall be transferable only upon notation of such transfer in the Register and no assignment thereof shall be effective until recorded therein. This Section 1.4 shall be construed so that the Loan is at all times maintained in “registered form” within the meaning of Sections 163(f), 871(h)(2) and 881(c)(2) of the Code. (d) The Borrower, the Agent and the Lenders shall treat each Person whose name is recorded in the Register as a Lender for all purposes of this Agreement. Information contained in the Register with respect to any Lender shall be available for access by the Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.

Appears in 2 contracts

Sources: Multi Draw Senior Secured Super Priority Priming Debtor in Possession Credit Agreement and Guaranty (Sientra, Inc.), Multi Draw Senior Secured Super Priority Priming Debtor in Possession Credit Agreement and Guaranty (Sientra, Inc.)

Loan Records. (a) The Borrower shall record on its books and records the amount of the Loan, the type and tranche of the Loans, the interest rate applicable thereto, all payments of principal and interest thereon and the principal balance thereof from time to time outstanding. (b) The Agent, acting solely for this purpose as a non-fiduciary agent (solely for tax purposes) Borrower shall establish and maintain at its office address referred to in Section 6.1, a record of ownership (the “Register”) in which the Agent Borrower agrees to register by book entry the interests (including any rights to receive payment hereunder) of each Lender in the Loan, and any assignment of any such interest or interests, and accounts in the . The Borrower shall maintain such Register in accordance with its usual practice in which it and customary business practices and the Borrower shall record (i1) the names and addresses of the Lenders (and any change thereto pursuant to this Agreement), (ii2) the amount of the LoanLoan and each funding of any participation therein, (iii3) the amount of any principal, interest, fee or other amount due and payable or paid, and (iv4) any other payment received by the Lenders from the Borrower and its application to the Loan. Reasonably promptly after making each such registration, the Agent shall provide written notice thereof to the Borrower. (c) Notwithstanding anything The Loans made by each Lender are evidenced by this Agreement and the Loan Notes. On the Agreement Date, the Borrower shall execute and deliver to each Lender, a Loan Note, and after the Agreement Date the Borrower shall execute and deliver to each Lender (and/or, if applicable and if so requested by any assignee Lender pursuant to the contrary contained assignment provisions of Section 6.5) on the date of request by such Lender an amended and restated Loan Note or new Loan Note which shall be substantially in this Agreementthe form of a Note attached hereto as Exhibit A (with any amendment and restatement mechanics built in as necessary that are in form and substance reasonably satisfactory to such applicable Lender and the Agent)), the Loans are registered obligationsin each case, the right, title and interest of the Lenders and their successors and assignees payable to such Lender in and an amount equal to the Loan shall be transferable only upon notation unpaid principal amount of such transfer in the Register and no assignment thereof shall be effective until recorded therein. This Section 1.4 shall be construed so that the Loan is at all times maintained in “registered form” within the meaning of Sections 163(f), 871(h)(2) and 881(c)(2) of the Code. (d) The Borrower, the Agent and the Lenders shall treat each Person whose name is recorded in the Register as a Lender for all purposes of this Agreement. Information contained in the Register with respect to any Lender shall be available for access by the Borrower or any Lender at any reasonable time and from time to time upon reasonable prior notice.the

Appears in 1 contract

Sources: Secured Priming Delayed Draw Term Loan Debtor in Possession Credit Agreement (Endologix Inc /De/)

Loan Records. (a) The Borrower shall record on its books and records the amount of the LoanLoans, the interest rate applicable thereto, all payments of principal and interest thereon and the principal balance thereof from time to time outstanding. (b) The AgentLoans made by the Lender are evidenced by this Agreement. Additionally, acting solely for this purpose as the Borrower shall execute and deliver to the Lender (and/or, if applicable and if so requested by any assignee Lender pursuant to the assignment provisions of Section 9.4) on the Closing Date (or, if such assignment is made after the Closing Date, promptly (and, in any event, within three (3) Business Days thereof) after the Lender’s request) a non-fiduciary agent (solely for tax purposes) shall establish and maintain at its office a record of ownership (Note, payable to the “Register”) in which the Agent agrees to register by book entry the interests (including any rights to receive payment hereunder) of each Lender in an amount equal to the Loanunpaid principal amount of applicable Loans held by the Lender (which, and any assignment of any such interest or interests, and accounts in at the Register in accordance with its usual practice in which it shall record (i) the names and addresses request of the Lenders (and any change thereto pursuant to this Agreement)Lender, (ii) the amount may provide separate Notes for separate or different parts of the Loan, (iii) the amount of any principal, interest, fee or other amount due and payable or paid, and (iv) any other payment received by the Lenders from the Borrower and its application to the LoanLoans). Reasonably promptly after making each such registration, the Agent shall provide written notice thereof to the Borrower. (c) Notwithstanding anything to the contrary contained in this Agreement, the Loans (including any Notes evidencing the Loans) are registered obligations, the right, title and interest of the Lenders Lender and their its successors and assignees in and to the Loan Loans shall be transferable only upon notation of such transfer in the Register and no assignment thereof shall be effective until recorded therein. This Section 1.4 shall be construed so that the Loan is at all times maintained in “registered form” within the meaning of Sections 163(f), 871(h)(2) and 881(c)(2881(e)(2) of the Code. (dc) The Borrower, the Agent Borrower and the Lenders Lender shall treat each Person whose name is recorded in the Register as a Lender for all purposes of this Agreement. Information contained in the Register with respect to any the Lender shall be available for access by the Borrower or any the Lender at any reasonable time and from time to time upon reasonable prior written notice.

Appears in 1 contract

Sources: Facility Agreement (Intersect ENT, Inc.)