Neighborhood banks serve businesses and shoppers throughout the country. Every Borrower agrees that Agents and each Lenders books and information exhibiting the Obligations and the transactions pursuant to this Settlement and the other Loan Paperwork shall be admissible in any motion or continuing arising therefrom, and shall constitute rebuttably presumptive proof thereof, regardless of whether or not any Obligation is also evidenced by a promissory observe or other instrument.
A. The debtors and lenders occasion thereto (the Unique Borrowers and the Authentic Lenders, as applicable), and Financial institution of America, as agent for the Unique Lenders, are events to that sure Fourth Amended and Restated Loan and Security Settlement, dated as of January 18, 2012, as heretofore amended or otherwise modified to, amongst other things, trigger the entire Debtors and Lenders not initially occasion thereto to hitch therein, (the Existing Mortgage Settlement), whereby Financial institution of America, as agent for the Lenders, and the Lenders agreed to make revolving loans, letters of credit score and different monetary lodging obtainable to the Debtors.
After Agents receipt of the proceeds of such Revolving Loans, Agent shall make the proceeds of such Revolving Loans available to Borrowers on the applicable Funding Date by transferring same day funds equal to the proceeds of such Revolving Loans received by Agent to the account of Debtors, designated in writing by Debtors and acceptable to Agent; provided, nonetheless, that the amount of Revolving Loans so made on any date shall in no occasion exceed the Extra Availability on such date.
Cash Management Providers shall mean any services provided to Debtors in connection with working, collections, payroll, trust, or other depository or disbursement accounts, together with automated clearinghouse, e-payable, electronic funds switch, wire switch, managed disbursement, overdraft, depository, data reporting, lockbox and cease cost providers.
As well as, every Lender is permitted, at such Lenders choice, to note the date and quantity of every cost or prepayment of principal of such Lenders Revolving Loans in its books and data, together with computer information, such books and data constituting presumptive evidence, absent manifest error, of the accuracy of the information contained therein.