Common use of Loan Account; Monthly Accountings Clause in Contracts

Loan Account; Monthly Accountings. Lender shall maintain a loan account for Borrowers reflecting all outstanding Loans and the Letters of Credit Balance, along with interest accrued thereon and such other items reflected therein (the “Loan Account”), and shall provide Borrowing Agent with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent on Passport 6.0. Each accounting shall be deemed correct, accurate and binding on Borrowers and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by Xxxxxx), unless Borrowing Agent notifies Lender in writing to the contrary within thirty (30) days after such account is rendered, describing the nature of any alleged errors, omissions or undocumented expenses. However, Xxxxxx’s failure to maintain the Loan Account or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx to issuers of Letters of Credit) may, in Xxxxxx’s discretion, be charged to the Loan Account, and will thereafter be deemed to be Revolving Loans and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement

Loan Account; Monthly Accountings. Lender shall maintain a loan account for Borrowers reflecting all outstanding Loans and the Letters of Credit Balance, along with interest accrued thereon and such other items reflected therein (the “Loan Account”), and shall provide Borrowing Agent with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent on Passport 6.0. Each accounting shall be deemed correct, accurate and binding on Borrowers and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by XxxxxxLender), unless Borrowing Agent notifies Lender in writing to the contrary within thirty (30) days after such account is renderedposted on Passport 6.0to Borrower Agent, describing the nature of any alleged errors, omissions errors or undocumented expensesomissions. However, XxxxxxLender’s failure to maintain the Loan Account or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations, provided that Lender’s failure to maintain the Loan Account or to post an accounting for a particular period during the term of this Agreement shall toll Borrower Agent’s right to object to the accounting for the applicable period until thirty (30) days after such accounting is provided or posted for the applicable period. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx Lender to issuers of Letters of Credit) may, in XxxxxxLender’s discretion, be charged to the Loan Account, and will thereafter be deemed to be Revolving Loans and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement.

Loan Account; Monthly Accountings. Lender shall maintain a loan account for Borrowers reflecting all outstanding Loans and the Letters Letter of Credit Balance, along with interest accrued thereon and such other items reflected therein (the “Loan Account”), and shall provide Borrowing Agent with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent on Passport 6.0ABLServe. Each Absent manifest error, each accounting shall be deemed correct, accurate and binding on Borrowers and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by Xxxxxx), unless Borrowing Agent notifies Lender Xxxxxx in writing to the contrary within thirty (30) days after such account is rendered, describing the nature of any alleged errors, omissions errors or undocumented expensesomissions. However, Xxxxxx’s failure to maintain the Loan Account or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx to issuers of Letters of Credit) may, in Xxxxxx’s discretion, be charged to the Loan Account, and will thereafter be deemed to be Revolving Loans and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement.

Loan Account; Monthly Accountings. Lender shall maintain a loan account for Borrowers reflecting all outstanding Loans and the Letters of Credit Balance, along with interest accrued thereon and such other items reflected therein (the “Loan Account”), and shall provide Borrowing Agent with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent on Passport 6.0. Each Absent manifest error, each accounting shall be deemed correct, accurate and binding on Borrowers and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by XxxxxxLender), unless Borrowing Agent notifies Lender in writing to the contrary within thirty (30) days after such account is rendered, describing the nature of any alleged errors, omissions errors or undocumented expensesomissions. However, XxxxxxLender’s failure to maintain the Loan Account or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx Lender to issuers of Letters of Credit) may, in XxxxxxLender’s discretion, be charged to the Loan Account, and will thereafter be deemed to be Revolving Loans and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement.

Loan Account; Monthly Accountings. Lender shall maintain a loan account for Borrowers Borrower reflecting all outstanding Loans and the Letters of Credit Balance, along with interest accrued thereon and such other items reflected therein (the “Loan Account”), and shall provide Borrowing Agent Borrower with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent Borrower on Passport 6.0. Each accounting shall be deemed correct, accurate and binding on Borrowers Borrower and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by XxxxxxLender with respect to which Lender will endeavor to promptly notify Borrower in writing), unless Borrowing Agent Borrower notifies Lender in writing to the contrary within thirty (30) days after such account is renderedmade available to Borrower, describing the nature of any alleged errors, omissions errors or undocumented expensesomissions. However, XxxxxxLender’s failure to maintain the Loan Account or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx Lender to issuers of Letters of Credit) may, in XxxxxxLender’s discretion, be charged to the Loan Account, and will thereafter be deemed to be Revolving Loans and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement.

Loan Account; Monthly Accountings. Lender shall maintain a separate loan account for Borrowers each Borrower reflecting all outstanding Loans advances, charges, expenses and the Letters of Credit Balance, along payments made with interest accrued thereon and respect to each such other items reflected therein Borrower pursuant to this Agreement (the “"Loan Account”Accounts"), and shall provide Borrowing Agent Borrowers with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent on Passport 6.0Accounts. Each accounting shall be deemed correct, accurate and binding on Borrowers each Borrower and an account stated (except for reverses and reapplications of payments made and Banc of America Commercial Finance Corporation Loan and Security Agreement -------------------------------------------------------------------------------- corrections of errors discovered by XxxxxxLender), unless Borrowing Agent notifies Borrowers notify Lender in writing to the contrary within thirty (30) sixty days after such account is rendered, describing the nature of any alleged errors, omissions errors or undocumented expensesomissions. However, Xxxxxx’s Lender's failure to maintain the Loan Account Accounts or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx Lender to issuers of Letters of CreditCredit Accommodations) may, in Xxxxxx’s Lender's discretion, be charged to the applicable Loan Account, and will thereafter be deemed to be Revolving Loans of the applicable Borrower and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement.

Loan Account; Monthly Accountings. Lender shall maintain a loan account for Borrowers Borrower reflecting all outstanding Loans and the Letters of Credit Balance, along with interest accrued thereon and such other items reflected therein (the “Loan Account”), and shall provide Borrowing Agent Borrower with a monthly accounting reflecting the activity in the Loan Account, viewable by Borrowing Agent Borrower on Passport 6.0. Each accounting shall be deemed correct, accurate and binding on Borrowers Borrower and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by Xxxxxxwith respect to which Lender will endeavor to promptly notify Borrower in writing), unless Borrowing Agent Borrower notifies Lender in writing to the contrary within thirty (30) days after such account is renderedmade available to Borrower, describing the nature of any alleged errors, omissions errors or undocumented expensesomissions. However, XxxxxxLender’s failure to maintain the Loan Account or to provide any such accounting shall not affect the legality or binding nature of any of the Obligations. Interest, fees and other monetary Obligations due and owing under this Agreement (including fees and other amounts paid by Xxxxxx Lender to issuers of Letters of Credit) may, in XxxxxxLender’s discretion, be charged to the Loan Account, and will thereafter be deemed to be Revolving Loans and will bear interest at the same rate as other Revolving Loans. 4874-2581-2044v.13 Loan and Security Agreement