Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 statements of Agent rendered to Company, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Company, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company and be binding on Guarantor.
Appears in 3 contracts
Samples: Limited Guaranty Agreement (Nextera Enterprises Inc), Limited Guaranty Agreement (Nextera Enterprises Inc), Limited Guaranty Agreement (Nextera Enterprises Inc)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 Agent rendered to Companya Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Companysuch Borrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company such Borrower and be binding on Guarantor.
Appears in 3 contracts
Samples: Guarantee (SMTC Corp), Guarantee (SMTC Corp), Guarantee (SMTC Corp)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof evidence of the items therein set forth, and the monthly statements of Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent Lender and Lenders and Company Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Guarantee (Mackie Designs Inc), Guarantee (Mackie Designs Inc)
Account Stated. The books and records of Agent and Lenders showing the account between Agent and Lenders and Company 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 Agent and Lenders rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Guarantee (Wci Steel Inc), Guarantee (Wci Steel Inc)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and among Agent, Lenders and Company Borrower and be binding on Guarantor.
Appears in 2 contracts
Samples: Guarantee (HHG Distributing, LLC), Guarantee (Hhgregg, Inc.)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Guarantee (New York & Company, Inc.), Guarantee (New York & Company, Inc.)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Guarantee (Delta Apparel Inc), Guarantee (Delta Apparel Inc)
Account Stated. The books and records of Agent showing the account between Agent and Agent, Lenders and Company Borrowers shall be admissible in evidence in any action or proceeding against or involving Parent Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Agent rendered to CompanyBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent and Agent, Lenders and Company Borrowers and be binding on Parent Guarantor.
Appears in 2 contracts
Samples: Limited Guaranty (BlueLinx Holdings Inc.), Limited Recourse Guarantee (BlueLinx Holdings Inc.)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Guarantee (SMTC Corp)
Account Stated. The books and records of Agent showing the account between Agent and Agent, the Lenders and Company each 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 Agent rendered to Companyany Borrower, to the extent to which no written objection is made within thirty sixty (3060) days from the date of sending thereof to Companysuch Borrower, shall be deemed conclusively correct and constitute an account stated between Agent and Agent, the Lenders and Company Borrowers and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Guaranty (Natrol Inc)
Account Stated. The books and records of Agent showing the account between Agent or any Lender and Lenders and Company 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 Agent rendered to CompanyBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent and among Agent, Lenders and Company Borrowers and be binding on Guarantor.
Appears in 1 contract
Account Stated. The books and records of Agent showing the account between Agent and Agent, the Lenders and Company 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 Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty sixty (3060) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and Agent, the Lenders and Company Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Guaranty (Commerce Energy Group Inc)
Account Stated. The books and records of Agent showing the account between Agent and Agent, Lenders and Company Borrowers shall be admissible in evidence in any action or proceeding against or involving Parent Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Agent rendered to CompanyBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent and Agent, Lenders and Company Borrowers and be binding on Parent Guarantor. Section 8.
Appears in 1 contract
Samples: Limited Recourse Guarantee
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company Borrower 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 Agent rendered to CompanyBorrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company Borrower and be binding on Guarantorall Guarantors.
Appears in 1 contract
Samples: Guarantee (SMTC Corp)
Account Stated. The books and records of Agent showing the account between Agent and Lenders on the one hand, and Company Applicable Borrower on the other, 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 Agent rendered to CompanyApplicable Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyApplicable Borrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders Lender on the one hand, and Company Applicable Borrower on the other, and be binding on Guarantor.
Appears in 1 contract
Samples: Loan and Security Agreement (SMART Modular Technologies (DE), Inc.)
Account Stated. The books and records of Agent showing the account between Agent and Lenders and Company 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 Agent rendered to Companya Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Companysuch Borrower, shall be deemed conclusively correct and constitute an account stated between Agent and Lenders and Company such Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Guarantee (SMTC Corp)
Account Stated. The books and records of Agent showing the account between Agent and Agent, the Lenders and Company 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 Agent rendered to CompanyBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to CompanyBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent and Agent, the Lenders and Company Borrowers and be binding on Guarantor.
Appears in 1 contract
Samples: Guaranty (New York & Company, Inc.)