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 Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ account, including all amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24. (c) After the end of each month, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services). The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless the Lead Borrower provides the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objection.

Maintenance of Loan Account; Statements of Account. (a) The Administrative Agent shall maintain an account on its books in the name of the Borrowers Borrower (the “Loan Account”"LOAN ACCOUNT") in which the Borrower will reflect be charged with (i) i)all Agent Advances and all Loans loans and other advances made by the Lenders to the Borrowers Borrower or for the Borrowers’ Borrower's account, including the Loans, (ii) all L/C Disbursementsii)all Letter of Credit reimbursement obligations, fees Fees and interest that have become payable as herein set forth, and (iii) iii)if an Event of Default has occurred and is continuing, any and all other monetary Obligations that have become payable. The charging of any Obligations to the Loan Account shall not excuse the Borrower from paying such Obligations in cash when due and shall not cure or waive any Default or Event of Default that may have resulted from non-payment thereof or any right or remedy consequent thereon. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers Borrower or otherwise from others for the Borrowers’ Borrower's account, including all amounts received in the BBNA Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24. Sections 2.14(a) and (c) b). In no event shall prior recourse to any deposit or other accounts, or any other assets, be a prerequisite to the Administrative Agent's right to demand payment of any Obligation upon its maturity. Further, the Administrative Agent shall have no obligation whatsoever to perform in any respect any of the Borrower's contracts or obligations relating to any of such accounts. After the end of each month, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower a statement accounting for the charges, loans, advances and other transactions occurring among and between the Administrative Agent, the Lenders and the Borrowers Borrower during that month (other than on account of Bank Products and Cash Management Services)month. The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless final, conclusive and binding on the Lead Borrower provides the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objectionBorrower.

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 Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ account, including all amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.242.24(a). (c) After the end of each month, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services). The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless the Lead Borrower provides the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objection.

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 Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ account, including all amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24. (c) After AfterAt the end of each monthmonthAgent’s request, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services). The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless the Lead Borrower provides the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objection.

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 Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ account, including all amounts received in the Concentration Collection Account from any Concentration Account, on the Blocked Account Banks, date such amounts are received and the amounts so credited shall be applied as set forth in Section 2.24. SECTION 2.22(a) and (c) b). After the end of each month, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services)month. The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless final, conclusive and binding on the Lead Borrower provides Loan Parties. (c) The Administrative Agent, without the consent or request of the Borrowers, may advance any interest, fee, service charge, cost, charge, expense, or other payment to which any Lender or any Agent is entitled from the Loan Parties pursuant to this Agreement or any other Loan Document and may charge the same to the Loan Account by adding such amount to the principal balance of the Loan Account, notwithstanding that an Overadvance may result thereby. The Administrative Agent shall advise the Borrowers of any such advance or charge promptly after the making thereof. Such action on the part of the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objection.not constitute

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 Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all L/C Disbursementsfees, fees interest and interest other amounts that have become payable as herein or in the other Loan Documents set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for on the Borrowers’ account, including all date such amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24. (c) are received. After the end of each month, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services)month. The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless final, conclusive and binding on the Lead Borrower provides Loan Parties. (c) The Administrative Agent, without the consent or request of the Borrowers, may advance any interest, fee, service charge, cost, charge, expense, or other payment to which any Lender or the Administrative Agent with a written objection is entitled from the Loan Parties pursuant to this Agreement or any other Loan Document and may charge the same to the Loan Account by adding such amount to the principal balance of the Loan Account. The Administrative Agent shall advise the Borrowers of any such statement within twenty (20) days advance or charge promptly after the making thereof; provided, however, any failure of receipt the Administrative Agent to so advise or notify the Borrowers of such statementadvance or charge shall not limit or otherwise affect the obligation of the Borrowers hereunder to pay any such amount. Such action on the part of the Administrative Agent shall not constitute a waiver of either the Administrative Agent’s or any Lender’s rights under, which written objection shall state with particularity or the reason for such objectionLoan Parties’ obligations to make any payment required pursuant to, this Agreement or any other Loan Document.

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 Revolving Credit Loans and other advances made by the Revolving Credit Lenders to the Borrowers or for the Borrowers’ ' account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. All entries in the Loan Account shall be made in accordance with the Administrative Agent's customary accounting practices as in effect from time to time. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ ' account, including all amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24SECTION 2.23. (c) After the end of each month, (i) each Lender shall furnish a written Any statement to rendered by the Administrative Agent and or any Lender concerning the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services). The monthly statements Obligations shall, absent manifest error, be an account stated, which is presumptively correct unless final, conclusive and binding on the Lead Borrower provides Borrowers. The Loan Account and the Administrative Agent's books and records concerning the loan arrangement contemplated herein shall be prima facie evidence and proof of the items described therein. Any failure to so record or any error in so recording shall not limit or otherwise affect any Borrower's duty to pay the Obligations. (d) All credits against the Obligations shall be conditional upon final payment to the Administrative Agent with for the account of each Secured Party of the items giving rise to such credits. The amount of any item credited against the Obligations which is charged back against the Administrative Agent or any other Secured Party or is disgorged for any reason or is not so paid shall be an Obligations and shall be added to the Loan Account or otherwise recorded by the Administrative Agent, as applicable, whether or not the item so charged back or not so paid is returned. (e) Except as otherwise provided herein, all fees, service charges, costs, and expenses for which any Loan Party is obligated are payable on demand. (f) The Administrative Agent, without the request of the Lead Borrower, may make a written objection Revolving Credit Loan to make any such statement within twenty (20interest, fee, service charge, or other payment to which any Secured Party is entitled pursuant hereto, when due, and may charge the same to the Loan Account notwithstanding that an Overadvance may result thereby. Such action on the part of the Administrative Agent shall not constitute a waiver of the Administrative Agent's rights and, except to the extent so charged, each Borrower's obligations to pay the Obligations. Any amount which is added to the principal balance of the Loan Account as provided in this SECTION 2.21(f) days of receipt of such statement, which written objection shall state with particularity bear interest at the reason for such objectioninterest rate then and thereafter applicable to Prime Rate Loans.

Maintenance of Loan Account; Statements of Account. (a) The Administrative Agent shall maintain an account on its books in the name of the Borrowers Borrower (each, the “Loan Account”) which will reflect (i) all Loans and other advances made by the Lenders to the Borrowers Borrower or for the Borrowers’ Borrower’s account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers Borrower or otherwise from other Persons for the Borrowers’ Borrower’s account, including all amounts received in the Concentration Account from the Blocked Account BanksTerm Loan Collateral Account, and the amounts so credited shall be applied as set forth in Section 2.24. (cand to the extent required by SECTION 2.15(d) or SECTION 7.03, as applicable. After the end of each monthcalendar quarter, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower a statement accounting for the chargescharges (including interest), loans, advances and other transactions occurring among and between the Administrative Agent, the Lenders and the Borrowers Borrower during that month (other than on account of Bank Products and Cash Management Services)such calendar quarter. The monthly statements shallquarterly statements, absent manifest error, shall be an account stateddeemed presumptively correct. (c) Agent is hereby authorized by the Borrower to, which is presumptively correct unless and at its sole election may, charge to the Lead Loan balance on behalf of the Borrower provides and cause to be paid all fees, expenses, charges, costs and interest and principal, other than principal of the Administrative Agent with a written objection Loans, owing by the Borrower and the Loan Parties under this Agreement or any of the other Loan Documents if and to the extent the Loan Parties fail to pay promptly any such statement within twenty (20) days amounts as and when due. At Agent’s option and to the extent permitted by law, any charges so made shall constitute part of receipt of such statement, which written objection shall state with particularity the reason for such objectionLoans hereunder.

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 Loans and other advances made by the Lenders to the Borrowers or for the Borrowers’ account, (ii) all L/C Disbursements, fees and interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable.. ​ (b) The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ account, including all amounts received in the Concentration Account from the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24. (c) After At the end of each monthAgent’s request, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Agent shall send to the Lead Borrower 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 (other than on account of Bank Products and Cash Management Services). The monthly statements shall, absent manifest error, be an account stated, which is presumptively correct unless the Lead Borrower provides the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objection.. ​

Maintenance of Loan Account; Statements of Account. (a) The Administrative Agent shall maintain an account accounts on its books in the name of the U.S. Borrowers jointly and in the name of the Cdn. Borrower, respectively (collectively, the “"Loan Account”) "), in which the applicable Borrowers will reflect (i) be charged with all Loans loans and other advances made by the Lenders each Lender to the applicable Borrowers or for the applicable Borrowers’ ' account, (ii) together with all L/C Disbursementsinterest, fees, expenses and any other Obligations chargeable to the Borrowers hereunder, that are not paid by the Borrowers when due, and each Lender's Pro Rata Share thereof. All amounts of interest, fees and expenses so charged to the Borrowers' account shall accrue interest that have become payable as herein set forth, and (iii) any and all other monetary Obligations that have become payable. (b) at the rate applicable to LIBOR Rate Advances with an Interest Period of one month. The Loan Account will be credited with all amounts received by the Administrative Agent from the Borrowers or otherwise for the Borrowers’ ' account, including including, as set forth below, all amounts received from the Lockbox Banks or, in the Concentration Account from case of the Cdn. Borrower, the Blocked Account Banks, and the amounts so credited shall be applied as set forth in Section 2.24. (c) After the end of each month, (i) each Lender shall furnish a written statement to the Administrative Agent and the Lead Borrower setting forth the amount of obligations due to such Lender or its Affiliate (other than customary fees and expenses charged in the ordinary course) on account of Bank Products and Cash Management Services as of such month end, and (ii) the Administrative Bank. The Agent shall send to the Lead Administrative Borrower a monthly statement accounting for reflecting the chargesactivity in the Loan Account. Each such statement shall be an account stated and shall be final, loans, advances conclusive and other transactions occurring among and between binding on the Administrative Agent, the Lenders and the Borrowers during that month (other than on account of Bank Products and Cash Management Services). The monthly statements shallBorrowers, absent manifest error, be an account stated, which is presumptively correct unless the Lead Borrower provides the Administrative Agent with a written objection to any such statement within twenty (20) days of receipt of such statement, which written objection shall state with particularity the reason for such objection.