Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.
Appears in 9 contracts
Samples: Guarantee (Mad Catz Interactive Inc), Guarantee (Mad Catz Interactive Inc), Guarantee (Mad Catz Interactive Inc)
Account Stated. The books and records of Lender showing the account between Lender and Borrower any one or more of Borrowers shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to any Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to any Borrower, shall shall, absent manifest errors or omissions, be deemed conclusively correct and constitute an account stated between Lender and such Borrower and be binding on GuarantorGuarantors.
Appears in 4 contracts
Samples: Atlantic Express Transportation Corp, Atlantic Express Transportation Corp, Atlantic Express Transportation Corp
Account Stated. The books and records of Lender showing the account between Lender Xxxxxx and Borrower Borrowers shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to a Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Lender Xxxxxx and such Borrower and be binding on Guarantor.
Appears in 4 contracts
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors.
Appears in 3 contracts
Samples: Consolidated Capital of North America Inc, Ecogen Inc, Pfsweb Inc
Account Stated. The books and records of Lender showing the account between Lender and each Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to BorrowerBorrowers, to the extent to which no written objection is made within thirty forty-five (3045) days from the date of sending thereof to BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower Borrowers and be binding on Guarantor.
Appears in 2 contracts
Samples: Pacific Ethanol, Inc., Pacific Ethanol, Inc.
Account Stated. The books and records of Lender Lenders showing the account between any Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender Lenders rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender among Lenders and Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Guarantee (Tri-S Security Corp)
Account Stated. The books and records of Lender showing the account between Lender Xxxxxx and Borrower Borrowers shall be admissible in evidence in any action or proceeding against or involving a Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to a Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Lender Xxxxxx and such Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: SMTC Corp
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie PRIMA FACIE proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Patent and Trademark Security Agreement (Microtel International Inc)
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in in, evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Toms Foods Inc
Account Stated. The books and records of the Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection object is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors, absent manifest error.
Appears in 1 contract
Samples: Credit and Security Agreement (Allou Health & Beauty Care Inc)
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty forty-five (3045) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Guarantee (Pacific Ethanol, Inc.)
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.thirty
Appears in 1 contract
Samples: Patterson Energy Inc
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible axxxxxxble in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on bindixx xx Guarantor.
Appears in 1 contract
Samples: Musicland Stores Corp
Account Stated. The books and records of Lender showing the account between Lender and Borrower Borrowers shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower Borrowers and be binding on GuarantorGuarantors.
Appears in 1 contract
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly any statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Note and Security Agreement (Siemann Educational Systems Inc)
Account Stated. The books and records of Lender showing the account between Lender and any Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie PRIMA FACIE proof of the items therein set forth, and the monthly statements of Lender rendered to any Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Lender Xxxxxx and such Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Little Switzerland Inc/De
Account Stated. The books and records of Lender showing the account between Lender and Borrower Borrowers shall be admissible in evidence in any action or proceeding ox xxxxeeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower Borrowers and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Nutritional Sourcing Corp
Account Stated. The books and records of Lender showing the account -------------- between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items ----- ----- therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: RBX Corp
Account Stated. The books and records of Lender showing the account between among Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between among Lender and Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Cti Industries Corp
Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof presumptive evidence of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such statement has been received by Borrower, shall be deemed conclusively correct and constitute an account stated between among Lender and Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Guarantee (Us Lec Corp)