Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 12 contracts
Samples: Credit Agreement (Remy International, Inc.), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Revolving Loans owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 11 contracts
Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Orasure Technologies Inc)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 9 contracts
Samples: Credit Agreement (VOXX International Corp), Credit Agreement (WABASH NATIONAL Corp), Credit Agreement (VOXX International Corp)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the AdvancesAdvances (and portion of the Term Loan, as applicable), owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register records shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 7 contracts
Samples: Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Omniture, Inc.), Credit Agreement (Landrys Restaurants Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 6 contracts
Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 6 contracts
Samples: Credit Agreement (American Pacific Corp), Credit Agreement (Alaska Air Group Inc), Credit Agreement (Stanadyne Holdings, Inc.)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesAdvances (and portion of the Term Loan, as applicable) owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 5 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register records shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 4 contracts
Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Quest Software Inc)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 4 contracts
Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Boise Cascade Holdings, L.L.C.)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register records shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 4 contracts
Samples: Credit Agreement (Actuate Corp), Credit Agreement (Captaris Inc), Credit Agreement (Utstarcom Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 4 contracts
Samples: Credit Agreement (Oclaro, Inc.), Credit Agreement (Oclaro, Inc.), Credit Agreement (Realpage Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 4 contracts
Samples: Credit Agreement (Jda Software Group Inc), Credit Agreement (THQ Inc), Credit Agreement (Jda Software Group Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Loans owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Interim Advances and/or Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 3 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), First Lien Credit Agreement (Nuverra Environmental Solutions, Inc.)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the AdvancesAdvances (and portion of the Term Loans, as applicable), owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 3 contracts
Samples: Credit Agreement (Daegis Inc.), Credit Agreement (Daegis Inc.), Credit Agreement (Unify Corp)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the AdvancesAdvances (and portion of the Term Loan, as applicable), owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 3 contracts
Samples: Credit Agreement (Internap Network Services Corp), Credit Agreement (Magma Design Automation Inc), Credit Agreement (Realpage Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, and the name and address of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 2 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Swingline Loans owing to Swing Swingline Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 2 contracts
Samples: Assignment and Acceptance Agreement (Exide Technologies), Possession Credit Agreement (Exide Technologies)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesRevolving Loans, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 2 contracts
Samples: Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register records shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 2 contracts
Samples: Credit Agreement (Medquist Inc), Credit Agreement (Securus Technologies, Inc.)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register (in accordance with Section 13.1) showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 2 contracts
Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the AdvancesRevolving Loans, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest or demonstrable error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Guaranteed Advances and the Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.β
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesLoans, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans Line Advances owing to Swing Lead Lender, and Protective Advances owing to AgentAgent and/or Lead Lender, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to AgentAgent Advances, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Revolving Loans owing to each Lender, Revolving Lender (including the Swing Loans owing to Swing Lender), and Protective Extraordinary Advances owing to Agent, Agent and the interests therein of each Revolving Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesAdvances (and the Term Loans, as applicable) owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesAdvances (and portion of the Term Loan, as applicable), owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register records shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Samples: Credit Agreement (USA Mobility, Inc)
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, Lender and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register records shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Samples: Credit Agreement (SAVVIS, Inc.)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Revolving Loans owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.. (g)
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Line Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurateaccurate as between Agent, the Lenders and the Swing Lender.
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount (and stated interest) of the Advances, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Samples: Credit Agreement (Silicon Graphics International Corp)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesLoans, owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time time, and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the AdvancesAdvances (and portion of the Term Loan, as applicable), owing to each Lender, including the Swing Loans owing to Swing Line Lender, and Protective Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Notation. Agent, as a non-fiduciary agent for BorrowersBorrower, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing Lender, and Protective Extraordinary Advances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
Samples: Loan and Security Agreement (NewStar Financial, Inc.)
Notation. Agent, as a non-fiduciary agent for Borrowers, shall maintain a register showing the principal amount of the Advances, Advances owing to each Lender, including the Swing Loans owing to Swing LenderLenders, and Protective Advances and Overadvances owing to Agent, and the interests therein of each Lender, from time to time and such register shall, absent manifest error, conclusively be presumed to be correct and accurate.
Appears in 1 contract
