Account Stated. The books and records of Agent showing the account between Agent and 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 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 Agent and 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 Borrowers 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 monthly statements of Agent rendered to a BorrowerCompany, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such BorrowerCompany, shall be deemed conclusively correct and constitute an account stated between Agent and such Borrower Lenders and Company and be binding on Guarantor.
Appears in 3 contracts
Samples: Limited Guaranty Agreement (Nextera Enterprises Inc), Nextera Enterprises Inc, Nextera Enterprises Inc
Account Stated. The books and records of Agent showing the account between Agent and Borrowers Lenders 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 Agent 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 Agent and such Lenders and 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 Borrowers 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 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 Agent Lender and such Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Mackie Designs Inc, Mackie Designs Inc
Account Stated. The books and records of Agent showing the account between Agent and Borrowers 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 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 Agent and such Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Guarantee (New York & Company, Inc.), Second Amended And (New York & Company, Inc.)
Account Stated. The books and records of Agent showing the account between Agent Agent, Lenders and 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 a BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent Agent, Lenders and such Borrower 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 Borrowers 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 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 Agent among Agent, Lenders and such 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 and Lenders showing the account between Agent and Borrowers Lenders 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 Agent and Lenders 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 Agent and such Lenders and Borrower and be binding on GuarantorGuarantors.
Appears in 2 contracts
Samples: Wci Steel Inc, Wci Steel Inc
Account Stated. The books and records of Agent showing the account between Agent Agent, the Lenders and Borrowers 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 a any Borrower, to the extent to which no written objection is made within thirty sixty (3060) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Agent Agent, the Lenders and such Borrower 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 Agent, the Lenders and Borrowers 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 a Borrower, to the extent to which no written objection is made within thirty sixty (3060) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Agent Agent, the Lenders and such Borrower and be binding on Guarantor.
Appears in 1 contract
Samples: Commerce Energy Group Inc
Account Stated. The books and records of Agent showing the account between Agent and Borrowers 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 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 Agent and such 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 Agent, the Lenders and 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 a BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent Agent, the Lenders and such Borrower Borrowers and be binding on Guarantor.
Appears in 1 contract
Samples: New York & Company, Inc.
Account Stated. The books and records of Agent showing the account between Agent or any Lender and 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 a BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Agent among Agent, Lenders and such Borrower Borrowers and be binding on Guarantor.
Appears in 1 contract
Account Stated. The books and records of Agent showing the account between Agent and Borrowers 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 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 Agent and such 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 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 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 Agent and such Borrower and be binding on GuarantorGuarantors.
Appears in 1 contract
Samples: Guarantee (SMTC Corp)