Effect of entries: Overview, definition, and example
What is effect of entries?
Effect of entries is a clause commonly found in credit agreements, security agreements, and loan servicing documents. It states that entries made in a lender’s or agent’s records—such as loan balances, payments, interest calculations, or collateral tracking—are presumed correct unless proven otherwise. It helps create a baseline for what’s owed or performed under the agreement, especially in the absence of a dispute.
Why is effect of entries important?
This clause streamlines administration and helps resolve disagreements by establishing that the records maintained by the lender or agent are binding evidence of the transaction’s terms and history. While borrowers can challenge those records, the burden typically shifts to them to prove the entries are incorrect. Without this clause, parties may argue over what was paid, applied, or owed—especially if there are conflicting records.
Understanding effect of entries through an example
A borrower misses an interest payment and claims it was already made. The lender’s internal records show no such payment. Because the agreement includes an effect of entries clause, the lender’s records are presumed accurate. The borrower must provide clear evidence—like a bank statement or confirmation number—to rebut the presumption and show the payment was made.
Example of an effect of entries clause
Here’s how an effect of entries clause may appear in a contract:
"The entries made in the accounts or records maintained by the Administrative Agent or any Lender shall, in the absence of manifest error, be conclusive evidence of the existence and amounts of the obligations recorded therein."
Conclusion
The effect of entries clause creates a default source of truth in financial agreements by giving weight to the records maintained by the lender or agent. It reduces ambiguity, shifts the burden of proof in disputes, and helps ensure smooth administration of complex transactions. If your deal involves ongoing payments or balances, this clause plays a key evidentiary role.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.