Common use of Maintenance of Loan Account; Statements of Account Clause in Contracts

Maintenance of Loan Account; Statements of Account. (a) The Administrative Agent shall maintain an account on its books in the name of the Borrowers (the "LOAN ACCOUNT") which will reflect (i) all Swingline Loans and all loans and advances made by the Lenders to the Borrowers or for the Borrowers' account, including the Loans, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or from others for the Borrowers' account, including without limitation all amounts received pursuant to Section 5.1 of the Borrower Security Agreement and the Guarantor Security Agreement, and the amounts so credited shall be applied as set forth in Section 5.2 prior to an Event of Default or Section 6.2 after an Event of Default, as applicable, of the Borrower Security Agreement and the Guarantor Security Agreement. After the end of each month, the Administrative Agent shall send to the Borrowers a statement accounting for the charges, loans, advances and other transactions occurring among and between the Administrative Agent, the Lenders and the Borrowers during that month. The monthly statements shall, absent manifest error, be an account stated, which is final, conclusive and binding on the Borrowers.

Appears in 3 contracts

Samples: Credit Agreement (Footstar Inc), Debt Agreement (Footstar Inc), Credit Agreement (Footstar Inc)

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Maintenance of Loan Account; Statements of Account. (a) The Administrative Agent shall maintain an account on its books in the name of the Borrowers (the "LOAN ACCOUNT"“Loan Account”) which will reflect (i) all Swingline Loans and all loans and advances made by the Lenders to the Borrowers or for the Borrowers' account, including the Loans, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or from others for the Borrowers' account, including without limitation all amounts received pursuant to Section 5.1 of the Borrower Security Agreement and the Guarantor Security Agreement, and the amounts so credited shall be applied as set forth in Section 5.2 prior to an Event of Default or Section 6.2 after an Event of Default, as applicable, of the Borrower Security Agreement and the Guarantor Security Agreement. After the end of each month, the Administrative Agent shall send to the Borrowers a statement accounting for the charges, loans, advances and other transactions occurring among and between the Administrative Agent, the Lenders and the Borrowers during that month. The monthly statements shall, absent manifest error, be an account stated, which is final, conclusive and binding on the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Footstar Inc)

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Maintenance of Loan Account; Statements of Account. (a) The Administrative Agent shall maintain an account on its books in the name of the Borrowers (the "LOAN ACCOUNTLoan Account") which will reflect (i) all Swingline Loans and all loans and advances made by the Lenders to the Borrowers or for the Borrowers' account, including the Loans, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or from others for the Borrowers' account, including without limitation all amounts received pursuant to Section 5.1 of the Borrower Security Agreement and the Guarantor Security Agreement, and the amounts so credited shall be applied as set forth in Section 5.2 prior to an Event of Default or Section 6.2 after an Event of Default, as applicable, of the Borrower Security Agreement and the Guarantor Security Agreement. After the end of each month, the Administrative Agent shall send to the Borrowers a statement accounting for the charges, loans, advances and other transactions occurring among and between the Administrative Agent, the Lenders and the Borrowers during that month. The monthly statements shall, absent manifest error, be an account stated, which is final, conclusive and binding on the Borrowers.

Appears in 1 contract

Samples: Debt Agreement (Footstar Inc)

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