Common use of Prima Facie Evidence Clause in Contracts

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 8 contracts

Samples: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.)

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Prima Facie Evidence. The entries made in the accounts accounting maintained pursuant to paragraph (b) or (c) of this Section 2.12 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts accounting or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Cole Credit Property Trust Iv, Inc.), Borrowing Base Revolving Line of Credit Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Borrowing Base Revolving Line of Credit Agreement (Cole Credit Property Trust Iv, Inc.)

Prima Facie Evidence. The entries made in the accounts accounting maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts accounting or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 4 contracts

Samples: Revolving Loan and Security Agreement (Cottonwood Communities, Inc.), Term Loan and Security Agreement (KBS Growth & Income REIT, Inc.), Term Loan and Security Agreement (KBS Growth & Income REIT, Inc.)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the any Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Inc.), Guaranty Agreement (IHS Inc.)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender, the Swingline Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the applicable Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Diamond Offshore Drilling, Inc.), Credit Agreement (Diamond Offshore Drilling Inc)

Prima Facie Evidence. The entries made maintained in the accounts account(s) maintained pursuant to paragraph (ba) or (c) of this Section above shall be prima facie evidence of the existence and amounts of the obligations recorded thereinObligations therein recorded; provided provided, that the failure of any Lender or the Administrative Agent to maintain such accounts account(s) or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreementtheir terms.

Appears in 2 contracts

Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall 2.05 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded, absent manifest error; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein or an inconsistency between such accounts of a Lender and the accounts of the Administrative Agent shall not in any manner affect the obligation obligations of the Borrower to repay the Loans in accordance with the terms of this Agreementtheir terms.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Company to repay the Loans and pay interest thereon in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Credit (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or and (c) of this Section shall 2.05 shall, to the extent permitted by applicable law, be prima facie evidence of the existence and amounts of the obligations recorded thereintherein recorded; provided provided, however, that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein or an inconsistency between such accounts of a Lender and the accounts of the Administrative Agent shall not in any manner affect the obligation obligations of the Borrower to repay the Loans in accordance with the terms of this Agreementtheir terms.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Intercreditor Agreement (Lennox International Inc)

Prima Facie Evidence. The entries made in the accounts accounting maintained pursuant to paragraph (b) or (c) of this Section 2.11 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts accounting or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Borrowing Base Revolving Line of Credit Agreement (Industrial Income Trust Inc.)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph clause (ba) or (c) above shall, to the extent permitted by applicable Requirements of this Section shall Law, be prima facie evidence of the existence and amounts of the obligations recorded therein; provided provided, however, that the no error in such account and no failure of any the Lender or the Administrative Agent to maintain any such accounts or any error therein account shall not in any manner affect the obligation obligations of the Borrower to repay the Loans in accordance with the terms of this Agreementtheir terms.

Appears in 1 contract

Samples: Credit Loan Agreement (First Trinity Financial CORP)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the CREDIT AGREEMENT, Page 33 obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower Borrowers to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Valmont Industries Inc)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Acxiom Corp)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.09 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Darling International Inc)

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Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section 2.10 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Trinity Industries Inc)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph paragraphs (a) and (b) or (c) of this Section 2.05 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to Table of Contents maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Loan in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Diamond S Shipping Group, Inc.

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph paragraphs (a) and (b) or (c) of this Section 2.05 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Loan in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Diamond S Shipping Group, Inc.

Prima Facie Evidence. The entries made maintained in the accounts maintained pursuant to paragraph (b) or (c) of this Section Sections 2.16.1 and 2.16.2 above shall be prima facie evidence of the existence and amounts of the obligations recorded thereinObligations therein recorded; provided provided, however, that the failure of any Lender or 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 the Loans Obligations in accordance with the terms of this Agreementtheir terms.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the theany Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (IHS Inc.)

Prima Facie Evidence. The entries made maintained in the accounts maintained pursuant to paragraph (b) or (c) of this Section Sections 2.16.1 and 2.16.2 above shall be prima facie evidence of the existence and amounts of the obligations recorded thereinObligations therein recorded; provided provided, however, that the failure of the Agent or any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Obligations in accordance with the terms of this Agreementtheir terms.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc)

Prima Facie Evidence. The entries made in the accounts accounting maintained pursuant to paragraph (b) or (c) of this Section 2.12 shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts accounting or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans Advances in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Borrowing Base Revolving Line of Credit Agreement (Cole Credit Property Trust III, Inc.)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph paragraphs (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Acxiom Corp)

Prima Facie Evidence. The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (IHS Inc.)

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