Common use of Agent’s and Lenders’ Books and Records; Monthly Statements Clause in Contracts

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and corrections of errors discovered by the Agent), unless LS&Co notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Co, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

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Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Administrative Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 3.6 and corrections of errors discovered by or acknowledged and agreed to by the Agent), unless LS&Co the Administrative Borrower, on behalf of the Borrowers, notifies the Agent in writing to the contrary within thirty thirty-five (3035) days after such statement is renderedrendered in accordance with Section 13.8 (provided that no such statement shall be required to be provided to Broad and Cassel as otherwise would be required under SECTION 13.8). In the event a evxxx x timely written notice of objections is given by LS&Cothe Administrative Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Andrx Corp /De/)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Xxxxxx’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent's ’s and each Lender's Xxxxxx’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Authorized Representative on behalf of the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 4.5 and corrections of errors discovered by the Agent), unless LS&Co notifies the Borrowers notify the Agent in writing to the contrary within thirty (30) 30 days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers relevant Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers each Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and corrections of errors discovered by the Agent)Section 3.8, unless LS&Co such Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Co, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.is

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.8 (Apportionment, Application and Reversal of Payments) and corrections of errors discovered by the Agent), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and corrections of errors discovered by the AgentSection 3.8), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.Borrower. ARTICLE 4

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and Section 3.7, corrections of errors discovered by the AgentAgent and manifest errors), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) 180 days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, absent manifest error, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and corrections of errors discovered by the Agent), unless LS&Co notifies the Borrowers notify the Agent in writing to the contrary within thirty (30) days after such statement is renderedreceived. In the event a timely written notice of objections is given by LS&Cothe Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.8(c) and corrections of errors discovered by the Agent), unless LS&Co notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Co, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co Palco a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.6 and corrections of errors discovered by the Agent), unless LS&Co Palco notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&CoPalco, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Maxxam Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower Representative a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.6 and corrections of errors discovered by the Agent), unless LS&Co the Borrower Representative notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower Representative, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower Representative.

Appears in 1 contract

Samples: Loan and Security Agreement (W R Grace & Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Administrative Borrower (on behalf of Borrowers) a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and Section 3.7, corrections of errors discovered by the AgentAgent and manifest errors), unless LS&Co a Borrower notifies the Agent in writing to the contrary within thirty (30) 180 days after such statement is rendered. In the event a timely written notice of objections is given by LS&Coa Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Funds Administrator a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.8 and corrections of errors discovered by the Agent), unless LS&Co the Funds Administrator notifies the Agent in writing to the contrary within thirty sixty (3060) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Funds Administrator, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Enpro Industries Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent ---------------------------------------------------------- shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit Credit, and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.6 and corrections of errors discovered by the Agent), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is renderedreceived. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Coorstek Inc)

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Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower Representative a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION Section 3.7 and corrections of errors discovered by the Agent), unless LS&Co the Borrower Representative notifies the Agent in writing to the contrary within thirty sixty (3060) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower Representative, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Omnova Solutions Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.8 and corrections of errors discovered by the Agent), unless LS&Co a Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Coany Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION Section 3.7 and corrections of errors discovered by the Agent), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Central Freight Lines Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Revolving Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Revolving Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the U.S. Borrowers with respect to the U.S. Revolving Loans or the U.S. Letters of CreditCredit or U.S. Credit Support and the Canadian Borrower with respect to the Canadian Revolving Loans or the Canadian Letters of Credit or Canadian Credit Support. The Borrowers agree Each Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Parent on behalf of the Borrowers a monthly statement of Revolving Loans, payments, payments and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION Section 3.7 and corrections of errors discovered by the Agent), unless LS&Co notifies the Borrowers (or the Parent on their behalf) notify the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Coa Borrower (or the Parent on behalf of such Borrower), only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Gentek Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION Section 3.7 and corrections of errors discovered by the Agent), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) 180 days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent's and each Lender's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower Representative a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 and corrections of errors discovered by the Agent), unless LS&Co the Borrower Representative notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower Representative, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower Representative.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Revolving Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Revolving Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereofthereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co ATI, on behalf of the Borrowers, a monthly statement of LoansCredit Extensions, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed presumptively correct, accurate, and binding on the Borrowers and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.5 and corrections of errors discovered by the Agent), unless LS&Co notifies the Borrowers (or ATI on their behalf) notify the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Coa Borrower (or ATI on behalf of such Borrower), only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ann Inc.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. If there is a discrepancy between the Agent’s books and records and those of another Lender, then the Agent shall first attempt to reconcile such discrepancy, but if no reconciliation can be made, then the Agent’s books and records shall control. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION Section 3.7 and corrections of errors discovered by the Agent), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a If timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount of the Loans owing to each Lender, the undrawn face amount of all outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender's ’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent's ’s and each Lender's ’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to LS&Co the Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including including, upon the Agent’s receipt of written request from the Borrower, in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Borrowers Borrower and an account stated (except for reversals and reapplications of payments made as provided in SECTION 3.7 Section 3.5 and corrections of errors discovered by the Agent), unless LS&Co the Borrower notifies the Agent in writing to the contrary within thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by LS&Cothe Borrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Leapfrog Enterprises Inc)

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