Kodak 2011 Annual Report Download - page 203

Credit Obligations, if applicable) under the Facilities with respect to which they hold a Commitment or an outstanding Loan.
SECTION 2.16. Evidence of Debt . (a) Each Lender shall maintain in accordance with its usual practice an account or accounts
evidencing the indebtedness of each Borrower to such Lender resulting from each Loan owing to such Lender from time to time, including the amounts of
principal and interest payable and paid to such Lender from time to time hereunder in respect of the Loans. Each Borrower agrees that upon notice by any
Lender to such Borrower (with a copy of such notice to the Agent) to the effect that a Note is required or appropriate in order for such Lender to evidence
(whether for purposes of pledge, enforcement or otherwise) the Loans owing to, or to be made by, such Lender, such Borrower shall promptly execute and
deliver to such Lender a Note, as applicable, properly completed, payable to such Lender and its registered assigns in a principal amount up to the
Revolving Credit Commitment of such Lender (in the case of a Revolving Lender), or in an amount equal to the outstanding principal amount of the Term
Loans of such Lender (in the case of a Term Lender).
(b) The Register maintained by the Agent pursuant to Section 8.07(e) shall include a control account, and a subsidiary account for
each Lender, in which accounts (taken together) shall be recorded (i) the date and amount of each Borrowing made hereunder, the Type of Loans
comprising such Borrowing and, if appropriate, the Interest Period applicable thereto, (ii) the terms of each Assignment and Acceptance delivered to and
accepted by it, (iii)
the amount of any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and
(iv) the amount of any sum received by the Agent from each Borrower hereunder and each Lender’s share thereof.
(c) Entries made in good faith by each Lender in its account or accounts pursuant to subsection (a) above, shall be prima facie
evidence of the amount of principal and interest due and payable or to become due and payable from each Borrower to such Lender under this Agreement,
absent manifest error; provided , however , that the failure of such Lender to make an entry, or any finding that an entry is incorrect, in such account or
accounts shall not limit or otherwise affect the obligations of any Borrower under this Agreement with respect to Loans made and not repaid.
SECTION 2.17. Use of Proceeds . The proceeds of the Loans and the Letters of Credit shall be available (and each Borrower agrees
that it shall use such proceeds) solely for general corporate purposes of the Company and its Subsidiaries (including to refinance obligations outstanding
under the Existing Credit Agreement).
SECTION 2.18. Cash Management
(a)
Within 30 days (or, in the case of Deposit Accounts of the Canadian Loan Parties, 60 days) after the Effective Date (or such later
date as the Agent may specify in its sole discretion), and at all times thereafter, the Loan Parties shall enter into and maintain blocked account agreements
(each, a “ Blocked Account Agreement ”),
satisfactory in form and substance to the Agent in its reasonable discretion, with respect to each Deposit Account
into which payments in respect of Accounts of the Loan Parties are remitted (each such Deposit Account, a “ Collection Account ”),
other than any
Collection Account maintained with the Agent. Except as expressly provided herein, no deposits that constitute Term Facility Collateral (or the identifiable
cash proceeds thereof) will be made to the Collection Accounts.
(b) Each Blocked Account Agreement shall require, during the continuance of an Event of Default (and delivery of notice thereof to
the applicable depositary bank from the Agent) (and the Agent agrees to provide a copy of such notice to the Company), the ACH or wire transfer on
each Business Day of all ledger or available, as applicable, cash receipts held in the applicable Collection Account to a concentration account maintained
by the Agent (or at an Affiliate of the Agent, if so
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