Loan Account and Accounting. Administrative Agent shall maintain a loan account (the “Loan Account”) on its books to record: all Advances and the Term Loans, all payments made by Borrower, and all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with Administrative Agent’s customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Administrative Agent’s most recent printout or other written statement, shall, absent manifest error, be presumptive evidence of the amounts due and owing to Administrative Agent and Lenders by Borrower; provided that any failure to so record or any error in so recording shall not limit or otherwise affect the Borrower’s duty to pay the Obligations. Administrative Agent shall render to Borrower a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account as to Borrower. Unless Borrower notifies Administrative Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within thirty (30) days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive upon Borrower in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by Borrower.
Appears in 1 contract
Samples: Credit Agreement (Presstek Inc /De/)
Loan Account and Accounting. Administrative Agent shall maintain a loan account (the “"Loan Account”") on its books to record: all Advances and the Term Loans, all payments made by Borrower, and all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with Administrative Agent’s 's customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Administrative Agent’s 's most recent printout or other written statement, shall, absent manifest error, be presumptive evidence of the amounts due and owing to Administrative Agent and Lenders by Borrower; provided that any failure to so record or any error in so recording shall not limit or otherwise affect the Borrower’s 's duty to pay the Obligations. Administrative Agent shall render to Borrower a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account as to Borrower. Unless Borrower notifies Administrative Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within thirty (30) days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive upon Borrower in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by Borrower.
Appears in 1 contract
Samples: Credit Agreement (Presstek Inc /De/)
Loan Account and Accounting. Administrative Agent shall maintain a loan account (the “"Loan Account”") on its books to record: (a) all Advances and the Term Loans, Revolving Credit Advances; (b) all payments made by Borrower, Borrowers; and (c) all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with Administrative Agent’s 's customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Administrative Agent’s 's most recent printout or other written statement, shall, absent manifest error, be presumptive evidence of the amounts due and owing to Administrative Agent and Lenders by each Borrower; provided provided, that any failure to so record or any error in so recording shall not limit or otherwise affect the any Borrower’s 's duty to pay the Obligations. Administrative Agent shall render to Borrower Representative a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account as to Borrowereach Borrower for the immediately preceding month. Unless Borrower Representative notifies Administrative Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within thirty (30) 60 days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive upon Borrower on Borrowers (absent manifest error) in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by BorrowerBorrowers.
Appears in 1 contract
Samples: Credit Agreement (Itron Inc /Wa/)
Loan Account and Accounting. Administrative Agent shall maintain a loan account (the “"Loan Account”") on its books to record: (a) all Advances and the Term LoansAdvances, (b) all payments made by BorrowerBorrowers, and (c) all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with Administrative Agent’s 's customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Administrative Agent’s 's most recent printout or other written statement, shall, absent manifest error, shall be presumptive evidence of the amounts due and owing to Administrative Agent Agents and Lenders by each Borrower; provided that any failure to so record or any error in so recording shall not limit or otherwise affect the any Borrower’s 's duty to pay the Obligations. Administrative Agent shall render to Borrower Representative a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account as to each Borrower. Unless Borrower Representative notifies Administrative Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within thirty (30) days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive upon Borrower Borrowers in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by BorrowerBorrowers.
Appears in 1 contract
Loan Account and Accounting. Administrative Agent shall maintain a loan account (the “"Loan Account”") on its books to record: (a) all Advances and the Term LoansRevolving Credit Advances, (b) all payments made by BorrowerBorrowers, and (c) all other debits and credits as provided in this Agreement with respect to the Loans Revolving Credit Advances or any other Obligations. All entries in the Loan Account shall be made in accordance with Administrative Agent’s 's customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Administrative Agent’s 's most recent printout or other written statement, shall, absent manifest error, shall be presumptive evidence of the amounts due and owing to Administrative Agent and Lenders by each Borrower; provided that any failure to so record or any error in so recording shall not limit or otherwise affect the any Borrower’s 's duty to pay the Obligations. Administrative Agent shall render to Borrower Representative a monthly accounting of transactions with respect to the Loans Revolving Loan setting forth the balance of the Loan Account as to each Borrower. Unless Borrower Representative notifies Administrative Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within thirty (30) days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive upon Borrower Borrowers in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by BorrowerBorrowers.
Appears in 1 contract
Samples: Credit Agreement (Liposome Co Inc)
Loan Account and Accounting. The Administrative Agent shall maintain a loan account (the “Loan Account”) on its books to record: all Advances Revolving Credit Loans and the Term Loans, all payments made by the Borrower, and all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with the Administrative Agent’s customary accounting loan agency administration practices as in effect from time to time. The balance in the Loan Account, as recorded on the Administrative Agent’s most recent printout or other written statement, shall, absent manifest error, be presumptive prima facie evidence of the amounts due and owing to Administrative Agent the Agents and Lenders by the Borrower; provided provided, that any failure to so record or any error in so recording shall not limit or otherwise affect the Borrower’s duty to pay the Obligations. The Administrative Agent shall render to the Borrower a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account as to BorrowerAccount. Unless the Borrower notifies the Administrative Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within thirty (30) days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive upon the Borrower in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by the Borrower.
Appears in 1 contract