Common use of Prima Facie Evidence Clause in Contracts

Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent and each Borrower recorded therein; provided that the failure of the Administrative Agent or any Lender, as the case may be, to make any notation on its records shall not affect the Parent’s or the respective Borrower’s obligations in respect of the Loans, the Letters of Credit or the Loan Documents.

Appears in 4 contracts

Samples: Year Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co), Year Credit Agreement (Tiffany & Co)

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Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent Company and each Borrower recorded therein; provided provided, however, that the failure of the Administrative Agent or any Lender, as the case may be, to make any notation on its records shall not affect the Parent’s Company's or the respective Borrower’s 's obligations in respect of the Loans, the Letters of Credit or the Loan Documentsthis Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)

Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent Banks and each Borrower recorded therein; provided provided, however, that the failure of the Administrative Agent or any LenderBank, as the case may be, to make any notation on its records shall not affect the Parent’s or the respective Borrower’s 's obligations in respect of the Loans, the Letters of Credit or the Loan Documentsthis Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Barnes & Noble Inc), Revolving Credit Agreement (Gamestop Corp)

Prima Facie Evidence. The entries made in the -------------------- records maintained pursuant to subsections (a) and (b) above shallshall be, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent and each Borrower recorded thereintherein absent manifest error; provided that the failure of the Administrative Agent or any Lender, as the case may be, Lender to make any notation on its records shall not affect the Parent’s or the respective Borrower’s 's obligations in respect of the Loans, the Letters of Credit Advances or the Loan Documentsthis Agreement.

Appears in 1 contract

Samples: Credit Agreement (Kroger Co)

Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent and each Borrower recorded therein; provided that the failure of the Administrative Agent or any Lender, as the case may be, to make any notation on its records shall not affect the Parent’s or respective obligations of the respective Borrower’s obligations Loan Parties in respect of the Loans, the Letters of Credit or the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Robotic Vision Systems Inc)

Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie - 30 - Credit Agreement ---------------- evidence of the existence and amount of the obligations of the Parent and each Borrower recorded therein; provided that the failure of the Administrative Agent Agent, the Issuing Bank or any Lender, as the case may be, to make any notation on its records or its Notes shall not affect the Parent’s Borrower's or the respective Borrower’s any other Obligor's obligations in respect of the Loans, the Letters of Credit or the any other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Insight Communications Co Inc)

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Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent Banks and each Borrower recorded therein; provided provided, however, that the failure of the Administrative Agent or any LenderBank, as the case may be, to make any notation on its records shall not affect the Parent’s or the respective Borrower’s obligations in respect of the Loans, the Letters of Credit or the Loan Documentsthis Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ross Stores Inc)

Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent and each Borrower recorded therein; provided provided, however, that the failure of the Administrative Agent or any Lender, as the case may be, to make any notation on its records shall not affect the Parent’s 's or the respective Borrower’s 's obligations in respect of the Loans, the Letters of Credit or the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Tiffany & Co)

Prima Facie Evidence. The entries made in the records maintained pursuant to subsections (a) and (b) above shall, to the extent not prohibited by applicable law, be prima facie evidence of the existence and amount of the obligations of the Parent Banks and each Borrower the Borrowers recorded therein; provided provided, however, that the failure of the Administrative Agent or any LenderBank, as the case may be, to make any notation on its records shall not affect the Parent’s or the respective Borrower’s Borrowers' obligations in respect of the Loans, the Letters of Credit or the Loan Documentsthis Agreement.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Barnes & Noble Inc)

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