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TL;DR
Defines the effect of entries clause commonly found in credit and loan agreements, establishing that lender records are presumed accurate unless proven otherwise. It serves to streamline administration and reduce disputes over payment records, shifting the burden of proof to borrowers who challenge the entries. Financial institutions and legal professionals typically reference this clause to ensure clarity in transactions.
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.
Frequently asked questions (FAQs)
Explains the impact of actions or events on credit agreement terms, detailing protections, enforceability, and examples of lender and borrower obligations.
Defines effect in legal terms, explaining its role in contracts, consequences of actions, and example clauses showing outcomes and obligations.
Defines entry as gaining access or recording actions, detailing its role in documentation, compliance, and formal acknowledgment in business and legal contexts.
Defines the legal, financial, and operational effects of a transaction, detailing changes in ownership, liabilities, and obligations with examples.
Defines book entry as an electronic method for recording and transferring ownership of securities, detailing its benefits, processes, and examples.