Common use of Notation Clause in Contracts

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 49 contracts

Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (En Pointe Technologies Inc), Loan and Security Agreement (Alpine Group Inc /De/)

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Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to timetime and such records shall, absent manifest error, conclusively be presumed to be correct and accurate. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 12 contracts

Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan and Security Agreement (Majestic Holdco, LLC), Loan and Guaranty Agreement (Collective Brands, Inc.)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to timetime and such records shall, absent manifest error, conclusively be presumed to be correct and accurate. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 9 contracts

Samples: Loan and Security Agreement (Interdent Inc), Loan and Security Agreement (Aegis Communications Group Inc), Loan and Security Agreement (Penton Media Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 8 contracts

Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Phonetel Technologies Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 8 contracts

Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (Telos Corp)

Notation. The Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Agent Loans owing to Swing Lender, and Agent Advances owing to the Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 7 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Gantos Inc), Loan and Security Agreement (Neostar Retail Group Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Foothill Loans owing to Swing LenderFoothill, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 4 contracts

Samples: Loan and Security Agreement (Employee Solutions Inc), Loan and Security Agreement (Ram Energy Inc/Ok), Loan and Security Agreement (Southwest Royalties Holdings Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, Lender and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 4 contracts

Samples: Loan and Security Agreement (Old Evangeline Downs LLC), Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Peninsula Gaming Corp)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, Lender and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 4 contracts

Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 3 contracts

Samples: Loan and Security Agreement (Big Dog Holdings Inc), And Consolidated Loan and Security Agreement (Big Dog Holdings Inc), Loan and Security Agreement (Big Dog Holdings Inc)

Notation. The Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to the Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 3 contracts

Samples: Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Fao Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to timetime and such records shall, absent manifest error, conclusively be presumed to be correct and accurate. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 3 contracts

Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)

Notation. The Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Agent Loans owing to Swing Lender, and Agent Advances owing to the Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidenceevidence for the Lender Group, absent manifest error, of the accuracy of the information contained therein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Television LLC)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive evidenceevidence for the Lender Group, absent manifest error, of the accuracy of the information contained therein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, prima facie evidence of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Communications & Power Industries Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Foothill Loans owing to Swing LenderFoothill, and Agent Advances owing to Agent, Agent and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (General Datacomm Industries Inc)

Notation. Agent shall record on its books the principal -------- amount of the Advances owing to each Lender, including the Swing Foothill Loans owing to Swing LenderFoothill, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Convergent Communications Inc /Co)

Notation. The Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Agent Loans owing to Swing Lender, and Agent Protective Advances owing to the Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

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Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Party City Corp)

Notation. Agent shall record on its books the principal amount and type of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Abraxas Petroleum Corp)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances and Optional Overadvances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Midas Inc)

Notation. The Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Agent Loans, Agent Advances and Swing Loans owing to Swing Lender, and Agent Advances owing to the Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Agency Agreement (Franks Nursery & Crafts Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests interest therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (DSG International LTD)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (System Software Associates Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lenderlender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (E Spire Communications Inc)

Notation. The Agent shall record on its books the principal -------- amount of the Advances owing to each Lender, including the Swing Agent Loans owing to Swing Lender, and Agent Advances owing to the Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive rebuttably presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest or demonstrable error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Geac Computer Corp LTD)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such LenderLxxxxx's option, to note the date and amount of each payment or prepayment of principal of such LenderLxxxxx's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries, Inc.)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's ’s option, to note the date and amount of each payment or prepayment of principal of such Lender's ’s Advances in its books and records, including computer records, such books and records constituting conclusive presumptive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Mercator Software Inc)

Notation. Agent shall record on its books the principal amount of the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, Lender and Agent Advances owing to Agent, and the interests therein of each Lender, from time to time. In addition, each Lender is authorized, at such Lender's option, to note the date and amount of each payment or prepayment of principal of such Lender's Advances in its books and records, including computer records, such books and records constituting conclusive evidence, absent manifest error, of the accuracy of the information contained therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

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