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

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim (the "Loan Account") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, provided, that the failure of the Agent to send such statement to the Borrower Representative shall not relieve the Borrowers of any Obligations. Absent manifest error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 2 contracts

Samples: Credit Agreement (Florsheim Group Inc), Credit Agreement (Florsheim Group Inc)

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Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrowers (the "Loan AccountLOAN ACCOUNT") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, Loans and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT DBTCo Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative Funds Administrator a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, providedPROVIDED, that the failure of the Agent to send such statement to the Borrower Representative Funds Administrator shall not relieve the Borrowers of any Obligations. Absent manifest demonstrable error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrowers (the "Loan AccountLOAN ACCOUNT") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, Loans and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative Isaax Xxxds Administrator a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, providedPROVIDED, that THAT the failure of the Agent to send such statement to the Borrower Representative Isaax Xxxds Administrator shall not relieve the Borrowers of any Obligations. Absent manifest demonstrable error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrower (the "Loan Account") in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the account of the BorrowersBorrower, including the Revolving Loans, and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers Borrower or for the account of the BorrowersBorrower, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers Borrower during that month, provided, that the failure of the Agent to send such statement to the Borrower Representative shall not relieve the Borrowers Borrower of any Obligations. Absent manifest error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the BorrowersBorrower, unless Agent receives a written statement of the Borrowers' exceptions thereto unless, within sixty thirty (6030) days after receipt of any such monthly statement is mailedstatement, the Borrower shall deliver to the Agent a written objection thereto specifying the error or errors, if any, contained therein.

Appears in 1 contract

Samples: Credit Agreement (Venture Stores Inc)

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrowers (the "Loan AccountLOAN ACCOUNT") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, Loans and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative Funds Administrator a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, providedPROVIDED, that THAT the failure of the Agent to send such statement to the Borrower Representative Funds Administrator shall not relieve the Borrowers of any Obligations. Absent manifest demonstrable error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrower (the "Loan Account") in which the Borrowers Borrower will be charged with all loans and advances made by the Lenders to the Borrowers Borrower or for the account of the BorrowersBorrower's account, including the Revolving Loans, and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers Borrower or for the account of the BorrowersBorrower's account, including all amounts received in the BT Account from the Lockbox and Collection BanksCollateral Agent pursuant to the terms of the Collateral Agency Agreement. After the end of each month, the Agent shall send the Borrower Representative a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers Borrower during that month, provided, that the failure of the Agent to send such statement to the Borrower Representative shall not relieve the Borrowers Borrower of any Obligations. Absent manifest errorAll entries on any such statement shall, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty thirty (6030) days after any the same is sent, be presumed to be correct and shall constitute prima facie evidence of the information contained in ----- ----- such monthly statement is mailedstatement. The Borrower shall have the express right to rebut such presumption by conclusively demonstrating the existence of an error on the part of the Agent.

Appears in 1 contract

Samples: Credit Agreement (Envirodyne Industries Inc)

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Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrowers (the "Loan Account") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, provided, that the failure of the Agent to send such statement to the Borrower Representative shall not relieve the Borrowers of any Obligations. Absent manifest error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 1 contract

Samples: Credit Agreement (Imagyn Medical Technologies Inc)

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrowers (the "Loan AccountLOAN ACCOUNT") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, Loans and all Letter of Credit Obligations, the Fees, the Expenses and any other Post-Petition Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative Funds Administrator a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, providedPROVIDED, that the failure of the Agent to send such statement to the Borrower Representative Funds Administrator shall not relieve the Borrowers of any Post-Petition Obligations. Absent manifest demonstrable error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

Maintenance of Loan Account; Statements of Account. The Agent shall maintain an account on its books in the name of Florsheim the Borrowers (the "Loan AccountLOAN ACCOUNT") in which the Borrowers will be charged with all loans and advances made by the Lenders to the Borrowers or for the account of the Borrowers, including the Revolving Loans, Loans and all Letter of Credit Obligations, the Fees, the Expenses and any other Obligations, as and when such payments become due. The Loan Account will be credited with all payments received by the Agent from the Borrowers or for the account of the Borrowers, including all amounts received in the BT Account from the Lockbox and Collection Banks. After the end of each month, the Agent shall send the Borrower Representative Hawk Funds Administrator a monthly statement accounting for the charges, loans, advances and other transactions occurring among and between the Agent, the Lenders and the Borrowers during that month, providedPROVIDED, that THAT the failure of the Agent to send such statement to the Borrower Representative Hawk Funds Administrator shall not relieve the Borrowers of any Obligations. Absent manifest demonstrable error, each monthly statement shall be an account stated and shall be final, conclusive and binding on the Borrowers, unless Agent receives a written statement of the Borrowers' exceptions thereto within sixty (60) days after any such monthly statement is mailed.

Appears in 1 contract

Samples: Credit Agreement (Hutchinson Products Corp)

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