Common use of Noteless Agreement; Evidence of Indebtedness Clause in Contracts

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations in accordance with their terms. Any Lender may request that its Advances be evidenced by one or more promissory notes. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative Agent. Thereafter, the Advances evidenced by such note(s) and interest thereon shall at all times (including after any assignment pursuant to Section 8.07) be represented by notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 8.07, except to the extent that any such Lender or assignee subsequently returns any such notes for cancellation and requests that such Borrowings once again be evidenced as in subsections (a) and (b) above.

Appears in 5 contracts

Samples: Credit Agreement (Entergy New Orleans Inc), Credit Agreement (Entergy Corp /De/), Credit Agreement (Entergy Arkansas Inc)

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Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06(c)) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06(c), except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (a) and (b) above.. Section 2.06

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/), Term Loan Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender Xxxxxx from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06(c)) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06(c), except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (a) and (b) above.. Section 2.06

Appears in 4 contracts

Samples: Loan Credit Agreement (PPL Electric Utilities Corp), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/), Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's share thereof. The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its Advances Loans be evidenced by one a promissory note (a "Note") substantially in the form of Exhibit E, or more promissory notessuch other form as each Lender may reasonably require. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and supplied by the Administrative Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0714.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 2 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an so long as any Obligations remain outstanding a current account or accounts evidencing the Borrower’s indebtedness of the Borrower to such Lender resulting that results from each Advance Loan made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderLender. The Administrative Agent shall also maintain accounts in which it will record records (i) the amount of each Advance made hereunderLoan, the Agreed Currency and Type thereof of each Loan, and the Interest Period (if any) with respect theretoto each Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunderunder this Agreement, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower under this Agreement and each Lender's ’s share thereofof such amount. The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above this Section 2.5 shall be prima facie evidence of the existence and amounts of the obligations therein recordedObligations recorded in those accounts; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein in such accounts shall not in any manner affect the Borrower’s obligation of the Borrower to repay such obligations the Obligations in accordance with their termsthe terms of this Agreement. Any Lender may has the right to request that its Advances Loans be evidenced by one or more a promissory note or, in the case of Swingline Lender, promissory notes, representing its Revolving Loans, Term Loans, and/or Swingline Loans, as applicable, substantially in the form of Exhibit E, with appropriate changes for notes evidencing Swingline Loans or Term Loans (each a “Note”). In such eventIf any Lender requests that its Loans be evidenced by a Note, the Borrower shall prepare, execute sign, and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative supplied by Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon on such Loans shall at all times (including after prior to any assignment pursuant to Section 8.079.5.c) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07in such Note, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (a) and (b) abovethe preceding sentences of this Section 2.5.

Appears in 2 contracts

Samples: Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, Inc.)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Advance Loan made by such Lender to such Borrower from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan to each Borrower made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder, (iii) the stated amount of each Letter of Credit and the amount of the LC Obligations outstanding at any time and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Obligations of such obligations Borrower in accordance with their terms. (d) Any Lender may request that its Advances Loans to any Borrower be evidenced by one or more promissory notesa Note. In such event, the such Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections clauses (a) and (b) above.. 2.14

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Atlantic City Electric Transition Funding LLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the each Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the currency and amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the currency and amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the each Borrower and each Lender's Xxxxxx’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay such obligations the Obligations in accordance with their terms; provided further, that in the event of any conflict between the accounts maintained pursuant to paragraphs (a) and (b) above, the accounts maintained by the Administrative Agent in the Register shall control. (d) Any Lender may request that its Advances Loans be evidenced by one a promissory note in substantially the form of Exhibit A (including any amendment, modification, renewal or more promissory notesreplacement thereof, a “Note”). In such event, the each Borrower shall prepare, execute and deliver to such Lender one or more promissory notes such Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (a) and (b) above. Upon receipt of an affidavit of an officer of any Lender as to the loss, theft, destruction or mutilation of such Xxxxxx’s Note, and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Note, each Borrower will issue, in lieu thereof, a replacement Note in the same principal amount thereof and otherwise of like tenor. 2.14.

Appears in 2 contracts

Samples: The Credit Agreement (Aon PLC), Credit Agreement (Aon PLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections clauses (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections clauses (a) and (b) above.. 2.15

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender in the form of Exhibits E-1, E-2 and in a form acceptable to the Borrower and the Administrative AgentE-3. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 1 contract

Samples: Credit Agreement (Roundys Inc)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the any Borrower to such Lender resulting from each Advance Loan made by such Lender from time to timetime under the applicable Facility, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Each Funding Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Facility, the Type of Advance, the Agreed Currency thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative each Funding Agent hereunder from the each Borrower and each Lender's share thereof. thereof The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative any Funding Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote (a "Note"). In such event, the each Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to supplied by the Borrower and the Administrative relevant Funding Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 1 contract

Samples: Revolving Credit Agreement (Richardson Electronics LTD/De)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.079.06(c)) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.079.06(c), except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (a) and (b) above.

Appears in 1 contract

Samples: Revolving Credit Agreement (Louisville Gas & Electric Co /Ky/)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the and, if applicable, each Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (c) the Stated Amount of each Letter of Credit and the amount of all Reimbursement Obligations and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. The entries maintained in the accounts maintained pursuant to subsections (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (ai) and (bii) above.

Appears in 1 contract

Samples: Assignment Agreement (Southwestern Energy Co)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the any Borrower to such Lender resulting from each Advance Loan made by such Lender from time to timetime under the applicable Facility, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative (ii) Each Funding Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Facility, the Type of Advance, the Agreed Currency thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the each Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative each Funding Agent hereunder from the each Borrower and each Lender's share thereof. thereof (iii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative any Funding Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay such obligations the Obligations in accordance with their terms. (iv) Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote (a "Note"). In such event, the each Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to supplied by the Borrower and the Administrative relevant Funding Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.. 2.14

Appears in 1 contract

Samples: Revolving Credit Agreement (Richardson Electronics LTD/De)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. (iii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (iv) Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote or, in the case of the Swing Line Lender, promissory notes representing its Revolving Loans and Swing Line Loans, respectively, substantially in the form of Exhibit C, with appropriate changes for notes evidencing Swing Line Loans (each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by each such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 1 contract

Samples: Credit Agreement (Coachmen Industries Inc)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) and selection of Agreed Currency with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote or, in the case of the Swing Line Lender, promissory notes representing its Revolving Loans and Swing Line Loans, respectively, substantially in the form of Exhibit E, with appropriate changes for notes evidencing Swing Line Loans (each, a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by each such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.1) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.1, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof hereunder and the Rate Option and Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (aSections 2.11(a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Ratable Loans be evidenced by one or more promissory notesa Ratable Note and that its Competitive Bid Loans be evidenced by a Competitive Bid Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one the applicable Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and supplied by the Administrative Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0713.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0713.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (aSections 2.11(a) and (b) above. Any Ratable Note held by any Lender pursuant to the Original Agreement that is in an amount equal to its Commitment hereunder need not, but may at the election of such Lender, be replaced by a Ratable Note in the form of Exhibit E-2 hereto and, unless and until so replaced, shall continue to evidence such Lender's Ratable Loans hereunder. 2.12.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative (ii) Subject to Section 2.3, the Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder, hereunder and (iiic) the amount amo unt of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's share thereof. (iii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay such obligations the Obligations in accordance with their terms. (iv) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower Borrowers shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.. 2.14

Appears in 1 contract

Samples: Assignment Agreement (Hovnanian Enterprises Inc)

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Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, hereunder and the Type thereof and the Interest Period (if any) with respect theretothereof, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. thereof (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; , provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notes. In a Revolving Credit Note, and in such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Revolving Credit Note payable to the order of such Lender and in a the form acceptable to the Borrower and the Administrative Agentof Exhibit A hereto. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Revolving Credit Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.. Although the Revolving Credit Notes shall be dated the date of issuance, interest in respect thereof shall be payable only for the periods during which the Loans evidenced thereby are outstanding and, although the stated amount of each Revolving Credit Note shall be equal to the applicable Lender's Commitment, each Revolving Credit Note shall be enforceable, with respect to the Borrower's obligation to pay the principal amount thereof, only to the extent of the unpaid principal amount of the Loans at the time evidenced thereby. ARTICLE III

Appears in 1 contract

Samples: Revolving Credit Agreement (Ziegler Companies Inc)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative (ii) Subject to Section 2.3, the Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. (iii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (iv) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.. 1.15

Appears in 1 contract

Samples: Assignment Agreement (Hovnanian Enterprises Inc)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.078.06(c)) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.078.06(c), except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (a) and (b) above.. Section 2.05

Appears in 1 contract

Samples: Credit Agreement (LG&E & KU Energy LLC)

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (b) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof hereunder and the LIBOR Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof. (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (d) Any Lender may request that its Advances Loans be evidenced by one or more promissory notes. a Note appropriately completed in substantially the form of Exhibit A. In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by any such note(s) Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0710.9) be represented by notes from the Borrower, payable to the order of the payee named therein or any assignee pursuant to Section 8.07such Notes, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections clauses (a) and (b) above.. Section 2.5

Appears in 1 contract

Samples: Charge Agreement

Noteless Agreement; Evidence of Indebtedness. (a) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. 1.2 1.3 (b) The Administrative Agent shall also maintain accounts in which it will record (i) the amount of each Advance Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period (if any) with respect thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. 1.4 1.5 (c) The entries maintained in the accounts maintained pursuant to subsections paragraphs (a) and (b) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. 1.6 1.7 (d) Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a the form acceptable to the Borrower and the Administrative Agentof Exhibit A or B, as applicable. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (a) and (b) above.. 1.8 1.9

Appears in 1 contract

Samples: Credit Agreement (Littelfuse Inc /De)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance the Advances made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (iA) the amount of each Advance made hereunder, the Class and Type thereof and the Interest Period (if any) with respect thereto, (iiB) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, hereunder and (iiiC) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's ’s share thereof. The entries maintained in the accounts maintained pursuant to subsections (a) and (b) sentences above shall be prima facie conclusive evidence of the existence and amounts of the obligations Obligations therein recordedrecorded absent manifest error; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its the Advances owing to such Lender be evidenced by one or more promissory notesa Note. In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative Agentits registered assigns. Thereafter, the Advances evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.06) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0710.06, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Advances once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group Inc)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. (iii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (iv) Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote (a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Note payable to the order of such Lender and in a form acceptable to supplied by the Borrower and the Administrative Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0712.3, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above. 2.15.

Appears in 1 contract

Samples: Credit Agreement (Seitel Inc)

Noteless Agreement; Evidence of Indebtedness. (i) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (ii) The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Agreed Currency and Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, (c) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiid) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. (iii) The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligations in accordance with their terms. (iv) Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote or, in the case of the Swing Line Lender, promissory notes representing its Revolving Loans and Swing Line Loans, respectively, substantially in the form of Exhibit A, with appropriate changes for notes evidencing Swing Line Loans (each a "Note"). In such event, the Borrower shall prepare, execute and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by each such note(s) Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.0712.3) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above. 2.25.

Appears in 1 contract

Samples: Credit Agreement (Kimball International Inc)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower Borrowers to such Lender resulting from each Advance Loan made by such Lender from time to time, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Loan made hereunder, the Type thereof and the Interest Period (if any) with respect thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower Borrowers to each Lender hereunder, hereunder and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower Borrowers and each Lender's ’s share thereof. The entries maintained in the accounts maintained pursuant to subsections paragraphs (ai) and (bii) above shall be prima facie evidence of the existence and amounts of the obligations Obligations therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay such obligations the Obligations in accordance with their terms. Any Lender may request that its Advances Loans be evidenced by one or more a promissory notesnote in substantially the form of Exhibit E (a “Note”). In such event, the Borrower Administrative Agent shall prepare, and the Borrowers shall execute and deliver to such Lender one or more promissory notes such Note payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative AgentLender. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon shall at all times (including after prior to any assignment pursuant to Section 8.070) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07therein, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections paragraphs (ai) and (bii) above.

Appears in 1 contract

Samples: Assignment Agreement (Clayton Williams Energy Inc /De)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an so long as any Obligations remain outstanding a current account or accounts evidencing the Borrower’s indebtedness of the Borrower to such Lender resulting that results from each Advance Loan made by such Lender from time to timeLender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunderLender. The Administrative Agent shall also maintain accounts in which it will record records (i) the amount of each Advance made hereunderLoan, the Agreed Currency and Type thereof of each Loan, and the Interest Period (if any) with respect theretoto each Loan, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunderunder this Agreement, (iii) the original stated amount of each Facility LC and the amount of LC Obligations outstanding at any time, and (iiiiv) the amount of any sum received by the Administrative Agent hereunder from the Borrower under this Agreement and each Lender's ’s share thereofof such amount. The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above this Section 2.5 shall be prima facie evidence of the existence and amounts of the obligations therein recordedObligations recorded in those accounts; provided, however, provided that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein in such accounts shall not in any manner affect the Borrower’s obligation of the Borrower to repay such obligations the Obligations in accordance with their termsthe terms of this Agreement. Any Lender may has the right to request that its Advances Loans be evidenced by one or more a promissory note or, in the case of Swingline Lender, promissory notes, representing its Revolving Loans and Swingline Loans, as applicable, substantially in the form of Exhibit E, with appropriate changes for notes evidencing Swingline Loans (each a “Note”). In such eventIf any Lender requests that its Loans be evidenced by a Note, the Borrower shall prepare, execute sign, and deliver to such Lender one such Note or more promissory notes Notes payable to the order of such Lender and in a form acceptable to the Borrower and the Administrative supplied by Agent. Thereafter, the Advances Loans evidenced by such note(s) Note and interest thereon on such Loans shall at all times (including after prior to any assignment pursuant to Section 8.079.5.c) be represented by notes from the Borrower, one or more Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.07in such Note, except to the extent that any such Lender or assignee subsequently returns any such notes Note for cancellation and requests that such Borrowings Loans once again be evidenced as described in subsections (a) and (b) abovethe preceding sentences of this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Life Time Fitness, Inc.)

Noteless Agreement; Evidence of Indebtedness. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness Obligation of the Borrower to such Lender resulting from each Advance Term Loan made by such Lender from time to timeLender, including the amounts amount of principal and interest payable and paid to such Lender from time to time hereunder. The Administrative Agent shall also maintain accounts in which it will record (ia) the amount of each Advance Term Loan made hereunder, the Type thereof Interest Rate Option applicable thereto, and the Interest Period (if any) with respect applicable thereto, (iib) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder, and (iiic) the amount of any sum received by the Administrative Agent hereunder from the Borrower and each Lender's share thereof. The entries maintained in the accounts maintained pursuant to subsections (a) and (b) above this Section 2.3 shall be prima facie evidence of the existence and amounts of the obligations Obligation therein recorded; provided, however, that the failure of the Administrative Agent or any Lender to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay such obligations the Obligation in accordance with their its terms. Any Lender may request that its Advances Term Loans be evidenced by one or more a promissory notesnote substantially in the form of Exhibit 1.1(T). In such event, the Borrower shall prepare, execute and deliver to such Lender one or more promissory notes a Term Note dated the Borrowing Date, payable to the order of such Lender and in a form acceptable face amount equal to the Borrower Commitment of such Lender, and thereafter the Administrative Agent. Thereafter, the Advances Term Loans evidenced by each such note(s) Term Note and interest thereon shall at all times (including after any assignment pursuant to Section 8.0710.11) be represented by notes from the Borrower, one or more Term Notes payable to the order of the payee named therein or any assignee pursuant to Section 8.0710.11, except to the extent that any such Lender or assignee subsequently returns any such notes Term Note for cancellation and requests that such Borrowings Term Loans once again be evidenced as described in subsections (a) and (b) abovethe immediately prior paragraph of this Section 2.3.

Appears in 1 contract

Samples: Credit Agreement (Mountain Coal Co LLC)

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