Outstanding Balance. The balance on Lender's books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the Borrowers; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' obligation to pay the Obligations.
Appears in 18 contracts
Samples: Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Lodgian Inc)
Outstanding Balance. The balance on Lender's ’s books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the Borrowers; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' ’ obligation to pay the Obligations.
Appears in 4 contracts
Samples: Loan and Security Agreement (Sba Communications Corp), Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (American Tower Corp /Ma/)
Outstanding Balance. The balance on Lender's ’s books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the BorrowersBorrower; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' Borrower’s obligation to pay the Obligations.
Appears in 3 contracts
Samples: Loan and Security Agreement (Investors Real Estate Trust), Loan Agreement (Strategic Storage Trust II, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust II, Inc.)
Outstanding Balance. The balance on Lender's books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the BorrowersBorrower; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' Borrower's obligation to pay the Obligations.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)
Outstanding Balance. The balance on Lender's ’s books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the Borrowers; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' obligation obligations of Borrowers to pay the Obligations.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Outstanding Balance. The balance on Lender's books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the BorrowersBorrower; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' Borrower's obligation to pay the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (HRPT Properties Trust)
Outstanding Balance. The balance on Lender's books and records shall ------------------- any be presumptive evidence (absent manifest error) of the amounts owing to Lender by the BorrowersBorrower; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' Borrower's obligation to pay the Obligations.
Appears in 1 contract
Outstanding Balance. The balance on Lender's books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the Borrowers; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' any Borrower's obligation to pay the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (HRPT Properties Trust)
Outstanding Balance. The balance on Lender's books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the Borrowers; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' obligation to pay the Obligations............................................................................ 27
Appears in 1 contract
Outstanding Balance. The balance on the Lender's ’s books and records shall be presumptive evidence (absent manifest error) of the amounts owing to the Lender by the Borrowers; provided that any failure to record any transaction affecting such ‑41‑ balance or any error in so recording shall not limit or otherwise affect the Borrowers' ’ obligation to pay the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Sba Communications Corp)
Outstanding Balance. The balance on Lender's ’s books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the BorrowersBorrower; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' Borrower’s obligation to pay the Obligations. Upon discovery of any manifest error, Lender shall correct such manifest error.
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)
Outstanding Balance. The balance on Lender's books and records shall be presumptive evidence (absent manifest error) of the amounts owing to Lender by the Borrowers; provided that any failure to record any transaction affecting such balance or any error in so recording shall not limit or otherwise affect the Borrowers' obligation to pay the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Education Realty Trust, Inc.)
